2. Procedures
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Step 1: |
The applicant for the Grant of Letters of Administration (with will annexed) executes an Affirmation or Affidavit by Administrator with Will (see "specified forms" below). The applicant has to sign that document and swear for the truthfulness of its content in front of a solicitor or a court officer. This Affirmation should be filed with the Probate Registry. |
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Step 2: |
The applicant also needs to prepare an Affirmation/Affidavit verifying the Schedule of Assets and Liabilities, and a Schedule of Assets and Liabilities of the Deceased in Hong Kong as at the Date of Death (see "specified forms" below). The above documents must be lodged together with the documents listed in the section "Documents in support of the application" (see below) with the Probate Registry. |
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Step 3: |
Answer any requisitions (questions) raised by the Probate Registry after their perusal of the documents. |
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Step 4: |
Grant obtained. For a person who died on or after 11 th February 2006 , the relevant application fee is $265 and the fee for engrossment of a Grant is $72. |
Documents in support of the application (for a Grant of Letters of Administration)
- A properly executed oath in the appropriate specified form (see below).
- The death certificate of the deceased
- The original will and a clean copy will
- A certificate showing the relationship of the applicant to the deceased (e.g. the marriage certificate of the applicant and the deceased, or the birth certificate(s) of the child(ren) of the deceased, or the birth certificate of the deceased for a parent applicant)
- A copy of the HKID cards of the deceased and the applicant
- If applicable, Affidavit of justification for sureties (Form M3.1) and surety's guarantee (Form M3.2)
Specified Forms
- Affirmation/ Affidavit by administrator with will (sole executor has died/ renounced): Form W1.3a/ W1.3b
- Affirmation/ Affidavit by administrator with will (for Grant de bonis non): Form S.3.2a/ S.3.2b. Please refer to the section regarding Grant de bonis non.
Usually no requisition is raised about the proof of the sound mind of the testator if the will was executed before solicitors, clerks or doctors.
However, if the will does not include a proper attestation clause, an affidavit of due execution should be filed (Form W3.1) at the time of the application (see r.10 of Non-Contentious Probate Rules (Cap.10)).
If the will is not engrossed by typewriter or computer, but done in handwriting, an affidavit (Form W3.2) should be filed to inform the Court as to who wrote the will – whether it was the deceased or somebody else on his behalf.
If the situations stipulated in sub-sections (a) to (f) of r.38(1) under Non-Contentious Probate Rules (Cap. 10A) arise, affidavit of justification for sureties (Form M3.1) and surety's guarantee (Form M3.2).
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