We help executors and administrators navigate the legal process of obtaining the necessary grants, whether it be a grant of probate or letters of administration, ensuring that you have the authority to handle the estate. Our experienced legal team guides you through each step, from gathering assets and paying debts to distributing the estate to beneficiaries, ensuring that all legal requirements are met and the process is completed efficiently and in compliance with Hong Kong law.


1. What is probate?


Probate is the legal process of obtaining the right to manage and distribute the property, money, and possessions (collectively known as the "estate") of someone who has passed away. It involves applying for a 'grant of representation,' which legally allows an executor or administrator to access and manage the deceased's assets.


2. What services do you offer for probate and estate administration?
We offer a range of services, including:

  • Application for a grant of probate with the Hong Kong Probate Registry.
  • Application for letters of administration with the Hong Kong Probate Registry.
  • Resealing of overseas grants in the Hong Kong Probate Registry.
  • Drafting, witnessing, and attesting wills.
  • Notarizing a Hong Kong will for use overseas.
  • China attesting services for obtaining assets in Mainland China.


3. What is the difference between a grant of probate and letters of administration?
A grant of probate is issued when the deceased left a valid will, and it authorizes the executor named in the will to manage the estate. Letters of administration are granted when there is no valid will, allowing a close family member, usually the surviving spouse, to administer the estate.


4. Can I apply for probate myself, or do I need a solicitor?
You can apply for probate yourself, but it is often advisable to use a solicitor due to the legal complexities involved. Mistakes in the application process can cause unnecessary delays in administering the estate. A solicitor can provide legal advice and ensure the process runs smoothly.


5. What is the process for applying for probate or letters of administration?
The process includes:

  • Checking for a will: Determine if there is a will that names an executor.
  • Identifying the executor: If there is a will, the named executor can apply for probate. If not, the next of kin, such as a surviving spouse, can apply for letters of administration.
  • Applying for a grant of representation: This legal document gives the executor or administrator the right to access and manage the deceased’s assets, such as bank accounts.


6. Are there any estate duties or inheritance taxes in Hong Kong?
No, there is no estate duty or inheritance tax in Hong Kong if the deceased passed away on or after 11 February 2006.


7. What happens after receiving the grant of representation?
Once the grant of representation is obtained, the estate administrator must:

Collect the estate’s assets, such as money from bank accounts or proceeds from the sale of property.

Pay any outstanding debts, such as utility bills.

Distribute the remaining assets to the beneficiaries as outlined in the will or according to intestacy laws if there is no will.


8. What is the difference between 'grant of probate' and 'letters of administration with a will'?
A grant of probate is issued when the executor is named in a valid will. Letters of administration with a will are issued when a will exists, but the named executor is unable or unwilling to act, allowing a close family member to administer the estate instead.


9. Do I need a grant of representation if the deceased owned property jointly with someone else?
No, if the property was owned jointly as joint tenants, it automatically passes to the surviving joint tenant upon proof of the deceased’s death with a death certificate. In such cases, a grant of representation is not required.


10. What is a resealing of an overseas grant, and when is it needed?
A resealing of an overseas grant is required when a grant of probate or letters of administration has been obtained in another jurisdiction, and the deceased held assets in Hong Kong. This process allows the overseas grant to be recognized and used in Hong Kong to manage the local assets.


11. Can you help with obtaining assets in Mainland China?
Yes, we have 4 China-Appointed Attesting Officers and offer China attesting services to assist with obtaining assets in Mainland China. This involves legal processes to ensure that the right to manage or claim the deceased’s assets in China is recognized.


12. How long does the probate process take in Hong Kong?
The duration of the probate process varies depending on the complexity of the estate and whether there are any disputes or complications. On average, it may take a few months, but it could extend longer if the estate is complex or there are challenges in identifying beneficiaries.


13. What should I do if there is a dispute over the will?
If there is a dispute over the validity of the will or disagreements among beneficiaries, it is advisable to seek legal advice immediately. Our team can help mediate disputes or represent you in legal proceedings to resolve the matter.


14. How do I start the probate process with your firm?

To start the probate process, you can contact our legal team for an initial consultation. We will review your situation, explain the steps involved, and guide you through each stage to ensure a smooth and efficient process.

Probate and Estate Administration

Our probate and estate administration services provide essential support for managing the assets and affairs of a deceased person.

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