Probate & Estate Administration
Handled by Professional Lawyers
What is Probate?
When a family member passes away, they may leave behind an estate (e.g.: money, land, company shares). The process of distributing this property to the heirs is called probate. This is handled by the Probate Registry of Hong Kong.
To begin this process, you must obtain a grant from the High Court before the estate can be managed or distributed. The following sections will explain the necessary steps in detail. Due to the complexity of the process, it is highly recommended to engage a lawyer for assistance.
When There is a Will – Administering the Estate
Important: The deceased MUST have a valid will
Probate is a formal court order issued by the High Court of Hong Kong. It authorizes the Executor (who is specifically named in the Will) to legally handle and distribute the deceased’s estate, in accordance with the terms of his or her Will. The heart of the process is this:
- Validity of the Will: The document must satisfy the formality requirements in the Wills Ordinance.
- Limitation on the Executor: Only the person specifically named in the Will is authorized to apply for a Grant of Probate
- Priority: The administration will primarily follow the wishes of the deceased, as written in the Will.
How is Probate Handled When There is a Will?
Eligibility of the Executor
The executor named in the will has the right to apply for a Grant of Probate
Executor’s Responsibilities
If the executor fails to perform their duties or has passed away, the remaining beneficiaries can apply for Letters of Administration with the attached will
Estate Distribution
The estate will be distributed after deducting all bequests to beneficiaries, the deceased’s debts, and any associated expenses
Handling Fees
The application fee is $265, and the engrossment fee is $72. This makes a total fee of $337 for applying for a Grant of Probate.
When There is No Will – Obtaining a Letter of Administration
Applicable Scenario: Deceased Without a Will
Letters of Administration are a court-issued grant authorising an administrator to manage the estate where no valid will has been found. Its core features include:
- Distribution by Law：
The estate must be distributed strictly according to the Intestates’ Estates Ordinance (Cap. 73) - Administrator’s Eligibility：
The applicant is usually the person with the highest entitlement under the statutory order (commonly the surviving spouse). - Court Supervision：
The administrator is bound by the statutory framework and cannot exercise discretion in distributing the estate
How is Probate Handled When There is No Will?
If the deceased did not leave behind a will, the estate will be administered according to the laws of intestacy. You may apply to become an administrator by obtaining a Letter of Administration.
Priority of Applicants for Intestate Estate Administration
According to Section 21 of the Non-Contentious Probate Rules (Cap. 10A of Hong Kong law), the priority order for applicants is as follows:
Surviving spouse
Deceased’s children
Deceased’s parents
Deceased’s siblings
(or their descendants, if deceased)
Number of Administrators: Up to four administrators may be appointed, and they must provide proof of kinship.
Disputes Over Administration: If there is a dispute over who should administer the estate, an application can be made to the High Court for a decision.
Persons Who Do Not Have Priority to Become Administrators: Please note that if you cannot access the required documents, or are unable to show proof of kinship, you may be unable to apply for administration.
Probate Processing Timeline
If the deceased left behind a will, the processing time will typically be around 5 to 7 weeks. This may be lengthened, depending on the complexity of the case, the workload of the courts, and whether all documents have been successfully gathered. If you need the assistance of the Probate Registry, the waiting period could be around nine months.
Is it Necessary to Hire a Lawyer?
It is not a legal requirement to involve a lawyer, but it is highly encouraged, if one of the following applies:
- The deceased’s estate includes apartments, land or company shares,
- The estate is valued at over HK$150,000, or,
- There is dispute over who should receive which portion of the inheritance.
Simplified Procedures for Small Estates in Hong Kong
If the total value of the estate is less than HK$50,000, the executor or administrator may apply for a confirmatiion notice from the Estate Beneficiaries Support Unit of the Home Affairs Department. This would allow you to greatly simplify the probate process.
Eligibility Requirements:
- Estate must consist entirely of cash (e.g., bank deposits).
- Not eligible if there are non-cash assets (e.g., property, land, securities, MPF, vehicles, jewellery, insurance policies, business shares, safe deposit box items).
- Not eligible if the deceased had debts (e.g., tax liabilities, loans, overdrafts, credit card debts).
For estates valued at under HK$150,000 (this can include bank deposits and/or Mandatory Provident Funds),
the Official Administrator of the Probate Registry will typically help simplify the probate process.
This is available to:
- Applicants that are at least 21 years of age, and
- There is no need to apply for a Grant of Probate
You can read more on the Home Affairs Department website
Cost of Probate Services
As stated above, the total cost for a Grant of Probate is HK$337.
If you are not eligible for one of the above exemptions (i.e.: the value of the estate exceeds HK$150,000, or contains non-money properties), you may want to seek help from solicitors. The cost of legal services will vary according to the complexity of your case.
The cost of a straightforward probate case typically starts from HK$15,000. The cost of a straightforward probate case typically starts from HK$15,000. The cost may vary depending on the value of the estate, whether disputes over inheritance arise, and whether family members living outside of Hong Kong are involved.
Have questions about Probate and Estate Administration?
If you wish to arrange for a lawyer to handle probate and estate administration for you, please leave your contact details.
* Please note: Referral services do not constitute an agent-principal relationship.
