What happens to the HDB when a person passed away without a will ?

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Intestate law

When an HDB owner dies, the first step is to determine the type of ownership of the flat. If it was held under joint tenancy, the share of the deceased automatically goes to the remaining co-owner(s).

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The surviving owner simply needs to lodge a Notice of Death with HDB or SLA, submit basic documents like the death certificate and ICs, and pay a small administrative fee. Once this is done, HDB will transfer the ownership fully to the surviving owner, as long as they meet HDB eligibility rules.

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If the flat was under tenancy-in-common or owned by the deceased alone, the process is different. The key question becomes whether the person left behind a will. If there is a will, the appointed executor applies for a Grant of Probate. If there is no will, a family member must apply for Letters of Administration. These legal documents give authority to manage and transfer the flat.

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After obtaining the grant, the executor or administrator submits it to HDB along with other required documents so the flat can be transferred to the rightful beneficiaries.

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Once the legal authority is established, the next step is to determine who inherits the flat. If there is a will, distribution follows what the deceased stated. If there is no will, distribution is done according to the Intestate Succession Act, which prioritises spouse, children, parents, then other relatives. For Muslim owners, inheritance follows Faraid rules and requires an Inheritance Certificate from the Syariah Court.

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After identifying the beneficiaries, HDB will check whether they are eligible to own an HDB flat. The beneficiaries must be Singapore Citizens or PRs, at least 21 years old, and meet HDB’s family nucleus rules. If they meet these requirements, ownership can be transferred to them.

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If they do not, they will usually be required to sell the flat, often within a specific time frame such as six months, depending on the situation and HDB’s approval.

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Finally, beneficiaries may face some practical considerations. There is no inheritance tax in Singapore, but legal fees (for probate/administration) and potential stamp duties may apply depending on how the transfer is structured.

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The overall process: grant application, HDB approval, and potential sale—can take several months, so families should plan ahead.