The Full Legal Process of HDB Inheritance Rules After Death of Owner

List of HDB inheritance rules in death

There are different documents and applications required for you to keep your inherited HDB flat in the event of the death of a (1) Joint Owner and (2) Sole Owner or Tenant-in-common.

(1) Death of a Joint Owner

This applies to you if your resale HDB flat is held under joint-tenancy. For example, you and your spouse are joint owners of a flat and he/she passed away. As the remaining owner of the flat, you can take ownership of the flat as the sole owner as his/her share/interest in the flat will be transferred to you and/or other remaining joint owners. This requires you to meet the HDB eligibility requirements to own a flat.

Basic eligibility conditions to own a HDB flat

These eligibility rules must be followed should there be a transfer of ownership.

If the lease of the flat has already been issued, you need to submit the Notice of Death of your late spouse to the Singapore Land Authority (SLA) so they can update their records.

How to lodge Notice of Death

There are two ways to lodge a Notice of Death.

#1: Approach HDB to help you lodge Notice of Death

The first is to approach HDB to assist you with preparing the Notice of Death and inform other joint owners to sign the documents at the HDB Branch managing the flat. This will incur some registration and conveyancing fees.

To do this, you’ll need to bring the following documents:

• Identity cards of remaining joint-owners
• Original death certificate of deceased owner
• Evidence of estate duty clearance for the deceased owner’s estate (only applicable for death occurring before Feb 15, 2008)
• Duplicate lease (if any)

#2: Lodge Notice of Death directly with SLA

To lodge a Notice of Death to inform SLA of the death of a joint owner, you’ll need to make an appointment here and bring the following documents:

• The Notice of Death
• Lodgment Form
• Documents to show evidence of death of the co-owner (e.g. original or certified extract of the Death Certificate of the deceased, or the original or certified true copy of the Grant of Probate or Letters of Administration of the estate of the deceased)
• Certificate of Title or Duplicate Lease
• Production Form in accordance with Part 3 Item 19 of the Consolidated Practice Circulars 2003

If you are using the soft copy of the Notice of Death form from the SLA website, take note that it cannot be handwritten. Rather, it must be typed, printed, or photographically produced.

Also, there must be a witness who’s at least 21 years old to witness the execution of the Notice of Death. The name, NRIC number, and signature of the witness must be clearly stated in the execution clause of the Notice of Death.

If the Notice of Death is to be lodged by your representative, you must complete the Authorisation Form (Lodgment by Applicant’s Representative).

Note that the lodgement hours are strictly between 8:30 a.m. to 1 p.m. from Monday to Friday at the Service Counters at the SLA Customer Service Centre (CSC), 55 Newton Road, Taxpayer and Business Service Centre, Level 1, Revenue House, Singapore 307987.

HDB Notice of Death fees

You may incur a fee of about $68.30 for the registration or notification of your HDB flat’s transfer of ownership.

(2) Death of the Sole owner or Tenant-in-common

In the event that the resale HDB flat’s sole owner or co-owner passes away, his/her interest in the flat will be distributed in two ways: (1) If there is a will, it would have to be followed. (2) If there is no will, the provisions of the Intestate Succession Act would have to be followed; and a court order is required to obtain legal authority to administer the deceased’s estate.

If there is a will, here’s the HDB will nomination process

The late owner’s interest in the resale HDB flat will be distributed according to the will, which requires you to file for a Grant of Probate. This gives legal authority to the Executor, usually the next-of-kin, to manage the deceased’s estate.

How to get Grant of Probate or Grant of Letters of Administration

You can either (1) hire a private solicitor to file for a Grant of Probate or Grant of Letters of Administration or (2) approach HDB to help you. You can go to the HDB Branch that manages the late owner’s flat to make the necessary application. All you have to do is prepare and submit these documents:

• Original copy of the Grant of Letters of Administration and Statement for Grant of Letters of Administration or Grant of Probate and will
• Original copy of the Syariah Court Inheritance Certificate (for Muslim estates only)
• A copy of the deceased owner’s death certificate
• Duplicate lease of the deceased’s flat
• Identity card(s) of all flat owner(s) and Administrator(s) or Executor(s)

If you’re an Administrator/ Executor, you will have to:

• Sign the relevant documents
• Pay fees (stamp fees, conveyancing fees, etc.)
• Apply at the HDB Branch managing the deceased’s flat to transfer the flat to the beneficiaries as owners, subjected to our eligibility criteria and conditions governing transfer of flat ownership

The admin fees to get a Grant of Probate or Grant of Letters of Administration should be around $300. However, if you hire a private solicitor to help you with the will and filing for the aforementioned court orders, the cost may range between $2,000 and $7,000.

If there is no will, here’s the HDB inheritance process

However, if the late owner did not leave a will, his/her interest in the flat will be distributed according to the provisions of the Intestate Succession Act. This requires you to file for a Grant of Letters of Administration, which gives the Executor, usually the next-of-kin, the legal authority to manage the deceased’s estate.

Here’s how the late owner’s interest in the flat will be distributed if there is no will

What happens to your inherited HDB if you already own a flat and intend to keep it?

If you have just inherited a HDB flat but decide to keep your own existing flat, you will need to sell the inherited HDB flat within 6 months.

How long does it take to sell HDB flat after death?

The change in flat ownership could take about 4 months (or longer, depending on your case) to be completed after HDB has received the complete set of applications.

How to sell your inherited HDB flat?

Let an experienced property agent handle it, while guiding you through the whole process. Drop us a message on WhatsApp or connect with us here