Probate in Hong Kong: The Grant of Probate Process, Timeline, and What It Costs

A Grant of Probate is the High Court authority for an executor to administer the estate. Under the Probate and Administration Ordinance (Cap. 10), its Registrar exercises the power to issue it. Usually the executor applies; Rule 19 of the Non-Contentious Probate Rules (Cap. 10A) sets priority among applicants.

Four procedural steps

1. File the Affirmation or Affidavit by Executor (Form W1.1a or W1.1b), signed and sworn before a solicitor or court officer.
2. Prepare the Schedule of Assets and Liabilities in Hong Kong as at the date of death and Form N2.1 verifying it; lodge both with supporting documents.
3. Answer Probate Registry requisitions after document review.
4. Receive the Grant after meeting all legal requirements and answering requisitions satisfactorily.

Documents to file

File the death certificate; the original Will and one copy; and, as applicable, a relationship certificate where the Will clearly identifies the applicant, an Identity Document copy if the Will uses its number, or an Affirmation or Affidavit of Identity if no relationship certificate is available.

When a grant is not needed

For an estate less than HK$50,000 consisting only of money, where the deceased beneficially owned no other Hong Kong property, apply to the Home Affairs Department for a confirmation notice allowing administration without a grant.

For an estate more than HK$50,000 but less than HK$150,000 consisting only of bank accounts and/or mandatory provident fund money, apply to the Official Administrator for summary administration without a grant under section 15 of Cap. 10; file Forms N1.1 and N4.1.

For more than HK$150,000, use the usual grant procedure.

Official fees

For deaths on or after 11 February 2006, the usual court fees under the Second Schedule of the High Court Fees Rules (Cap. 4D) are HK$265 for filing and HK$72 for engrossment. There is no processing scale fee. These fees do not cover professional executor remuneration, usually authorised by a charging clause in the Will at a certain rate.

Timing and attendance

The Judiciary says a simple, straightforward case takes about 5 to 7 weeks on average; a complicated estate or application may take longer.

Personal attendance at the Probate Registry is mandatory because rule 4(9) of the Non-Contentious Probate Rules (Cap. 10A) forbids applications by post. Rule 4(8) bars the Probate Registry from giving a personal applicant legal advice, so the applicant remains responsible for choosing and completing the correct forms.