Complete Guide to Probate in Hong Kong
香港遺產承辦完全指南
Everything you need to know about applying for a Grant of Probate or Letters of Administration in Hong Kong — from locating the will to distributing the estate. Covers all forms, documents, costs, timelines, and common mistakes.
在香港申請遺囑認證書或遺產管理書的所有須知 — 從尋找遺囑到分配遺產。涵蓋所有表格、文件、費用、時間表及常見錯誤。
Table of Contents
1. What is Probate?
"Probate" refers to the legal process of proving a deceased person's will and obtaining the court's authority to deal with their estate. In Hong Kong, this authority comes in the form of a Grant of Representation issued by the Probate Registry of the High Court.
A Grant of Representation is a court order that confirms who has the legal authority to collect the deceased's assets, pay their debts, and distribute what remains to the rightful beneficiaries.
Without a Grant, no bank, Land Registry, or financial institution in Hong Kong will release the deceased person's assets to anyone.
2. Why is Probate Needed?
The Grant of Representation serves several critical purposes:
- Legal authority: It legally authorises the personal representative (executor or administrator) to act on behalf of the estate
- Protection for institutions: Banks and other institutions are protected from liability when they release assets to someone holding a valid Grant
- Protection for beneficiaries: The court process ensures assets are distributed correctly according to the will or the law
- Creditor protection: The process ensures debts are paid before assets are distributed
3. Types of Grants
| Type of Grant | When It Applies | Who Applies |
|---|---|---|
| Grant of Probate (遺囑認證書) |
Deceased left a valid will naming an executor | The named executor(s) in the will |
| Letters of Administration (遺產管理書) |
Deceased had no will (intestacy) | Next of kin in priority order (see below) |
| Letters of Administration with Will Annexed |
Will exists but no executor named, or executor unable/unwilling to act | Beneficiary or next of kin |
| Confirmation Notice | Total estate value ≤ HK$50,000 | Executor or entitled person — via Home Affairs Department (faster, simpler) |
| Summary Administration | Cash/bank balances ≤ HK$150,000 | Official Administrator handles everything |
4. Who Can Apply?
If There is a Will: Executor
The person(s) named as executor in the will have the right to apply. An executor's authority technically begins the moment the testator dies, even before the Grant is issued — but practically, institutions will still require the formal Grant.
If There is No Will: Priority Order (Rule 21)
Under the Non-Contentious Probate Rules, the right to apply follows this strict priority:
- Surviving spouse (or civil partner)
- Children of the deceased (or their issue if child has predeceased)
- Parents of the deceased
- Siblings of whole blood (or their children)
- Siblings of half blood (or their children)
- Grandparents
- Uncles and aunts of whole blood (or their children)
- Uncles and aunts of half blood (or their children)
- The Official Administrator (government, as last resort)
A person in a lower priority class can only apply if all persons in higher priority classes have renounced their right (by filing a formal renunciation at the court) or are deceased.
5. Step-by-Step Process
Locate the Will
Search thoroughly for the deceased's will:
- Search the deceased's home — desk drawers, filing cabinets, safes
- Contact their solicitor (if known)
- Check any safe deposit boxes (see our safe deposit box guide)
- Search the Sub-Registry of the High Court — wills can be deposited there for safekeeping
- Ask close friends, family members, or business partners
If no will is found after a thorough search, the estate is treated as intestate.
Identify and Value ALL Assets and Liabilities
This is arguably the most important step. You must create a comprehensive inventory of everything the deceased owned and owed. This includes:
- Bank accounts (all banks — see our bank accounts guide)
- Properties (Land Registry search — see our property guide)
- Stocks and securities (see our stocks guide)
- Insurance policies (see our insurance guide)
- MPF accounts (see our MPF guide)
- Vehicles, business interests, valuables
- Outstanding debts, mortgages, credit cards (liabilities)
Contact each institution and request a written confirmation of balances as at the date of death. This is where AssetCadet can save you significant time.
Prepare the Schedule of Assets and Liabilities
Using the balance confirmations, prepare a detailed schedule listing every asset and liability with its value as at the date of death. This document is filed with the court and becomes part of the Grant. See Section 7 for details.
Prepare Supporting Documents
Gather all required documents (see Section 6 for the full list):
- Original death certificate
- Original will (if any)
- Applicant's HKID
- Proof of relationship to the deceased
- Renunciation documents (if applicable)
Prepare the Affidavit / Affirmation
The application must be supported by a sworn affidavit (religious oath) or affirmation (non-religious declaration). This document states:
- Your identity and relationship to the deceased
- The date, place, and cause of death
- That the will is the last will (if applicable)
- That you will faithfully administer the estate
- The value of the estate
If you have a solicitor, they will prepare this. If applying in person, the Probate Registry can provide guidance on the format.
File at the Probate Registry
Location: LG3 Floor, High Court Building, 38 Queensway, Admiralty, Hong Kong
Tel: 2840 1683
Hours: Monday to Friday, 9:00am — 1:00pm, 2:00pm — 5:00pm
Submit all documents at the counter. The clerk will check for completeness and assign a case number. You can apply in person (without a lawyer) or through a solicitor.
Pay Filing Fee
The court filing fee is based on the net value of the estate. The fee schedule is published by the Judiciary and is relatively modest (typically a few hundred to a few thousand HK dollars).
Wait for Court Processing
The court reviews the application. Initial processing typically takes 4-8 weeks. During this time, the court checks:
- Whether a caveat has been filed (objection to the grant)
- Whether all documents are in order
- Whether the will is valid (if applicable)
Respond to Requisitions
In most cases, the court will issue "requisitions" — written requests for additional information, corrections, or clarifications. This is normal and expected. Common requisitions include:
- Corrections to names, dates, or amounts in the Schedule
- Additional proof of relationship
- Clarification on specific assets
- Renunciation from higher-priority relatives
- Additional valuations
You must satisfy ALL requisitions before the Grant is issued. This back-and-forth is often the most time-consuming part of the process.
Grant is Issued
Once all requisitions are satisfied, the court issues the Grant. You'll receive the original Grant document plus certified copies (request several — you'll need them for each institution).
Advertise for Creditors
Before distributing the estate, you must advertise in:
- The Government Gazette
- At least one English-language newspaper and one Chinese-language newspaper
The notice gives creditors at least 2 months to come forward with claims against the estate. This protects you from personal liability if an unknown creditor appears later.
Collect Assets, Pay Debts, Distribute Estate
Present the Grant to each institution to collect assets. Pay debts in order of legal priority. After the creditor notice period expires, distribute the remaining estate to beneficiaries per the will or intestacy rules.
6. Documents Required
Certified copy from the Births and Deaths Register Office. Get 5-6 copies (HK$140 each).
The original will, not a photocopy. If the original is lost, a copy may be accepted with additional affidavit evidence explaining the loss.
Original for verification and certified copy for filing.
A copy is acceptable since the original must be returned to Immigration.
Marriage certificate (spouse), birth certificate (child), or other documentary evidence.
If persons with higher priority (e.g., spouse) do not wish to apply, they must sign a formal renunciation (Form J).
Comprehensive listing of all assets and debts with values as at date of death.
Sworn statement in support of the application. For wills: also need an "Affidavit of Due Execution" from a witness.
Professional valuations for properties, businesses, and significant assets.
7. Preparing the Schedule of Assets and Liabilities
The Schedule is the most critical document in your probate application. It must list every asset and liability of the deceased with accurate values. Here's what to include:
Assets to List
| Category | Details to Include | How to Get Value |
|---|---|---|
| Bank accounts | Bank name, account number, type, balance | Bank balance confirmation letter |
| Properties | Address, lot number, ownership share | Professional valuation (market value at date of death) |
| Stocks & securities | Company name, number of shares, broker | Closing price on date of death |
| Insurance policies | Insurer, policy number, sum assured | Insurer confirmation (only if payable to estate) |
| MPF | Trustee name, account balance | Trustee balance confirmation |
| Vehicles | Make, model, registration number | Market valuation |
| Business interests | Company name, number of shares/partnership % | Accountant's valuation |
| Personal effects | Jewelry, art, furniture (above a threshold) | Professional valuer or estimated value |
| Cash | Cash found at home, in wallets, etc. | Counted amount |
Liabilities to List
| Category | Details |
|---|---|
| Mortgages | Outstanding balance from the bank |
| Credit card debts | Outstanding balance from each issuer |
| Personal loans | Outstanding balance |
| Tax owing | Any outstanding profits tax, property tax |
| Funeral expenses | Actual costs paid or estimated |
| Other debts | Utilities, medical bills, etc. |
8. Costs Involved
| Item | Estimated Cost |
|---|---|
| Court filing fee | HK$265 (may vary based on estate value) |
| Solicitor fees (straightforward estate) | HK$15,000 — $30,000 |
| Solicitor fees (complex estate) | HK$50,000 — $150,000+ |
| Property valuation | HK$3,000 — $8,000 per property |
| Government Gazette notice | HK$1,500 — $2,500 |
| Newspaper advertisement (2 papers) | HK$3,000 — $6,000 |
| Document certification / copies | HK$500 — $1,000 |
| Bank confirmation letters (per bank) | HK$100 — $300 |
| Certified copies of Grant (per copy) | HK$125 |
| Total estimated (straightforward) | HK$25,000 — $50,000 |
Note: Solicitor fees are the largest cost. If you apply in person without a solicitor, costs are significantly lower but the process may take longer due to unfamiliarity with procedures.
9. Timeline
| Stage | Duration |
|---|---|
| Asset search & balance confirmations | 2-6 weeks |
| Prepare Schedule and documents | 1-4 weeks |
| File application at court | 1 day |
| Court initial processing | 4-8 weeks |
| Requisitions (back and forth) | 2-6 months (most variable) |
| Grant issued | — |
| Creditor advertisement period | 2 months minimum |
| Collect assets from institutions | 2-4 weeks per institution |
| Pay debts and distribute | 2-4 weeks |
| Total (straightforward estate) | 6-12 months |
| Total (complex estate) | 12-24+ months |
10. Common Mistakes
Common Mistakes
- Incomplete asset search — Missing accounts means amending the Schedule later, adding months of delay
- Not getting enough copies of the Grant — You need one for every bank, insurer, broker, etc. Get at least 6-8 certified copies
- Forgetting to advertise for creditors — Without the Gazette notice, you face personal liability for unknown debts
- Distributing too early — Wait for the creditor notice period AND the "executor's year" (12 months from death)
- Not renouncing properly — Verbal agreement from higher-priority relatives is insufficient; formal written renunciation is required
- Filing incorrect values — The Schedule is a court document; inaccurate values can cause requisitions and delays
Best Practices
- Do a thorough asset search first — Use AssetCadet or search manually before filing
- Keep meticulous records — Document every step, save every letter
- Open an estate account — A separate bank account for estate funds prevents mixing with personal money
- Engage a solicitor for complex estates — Probate is procedural but mistakes are costly
- Communicate with beneficiaries — Keep everyone informed to prevent disputes
- Keep records for 6 years — Beneficiaries can challenge accounts for 6 years
11. Intestacy Rules
When someone dies without a valid will, their estate is distributed according to the Intestates' Estates Ordinance (Cap. 73):
| Survivors | Distribution |
|---|---|
| Spouse only | Spouse takes entire estate |
| Spouse + children | Spouse: chattels + HK$500,000 + half of remainder Children: other half equally |
| Spouse + parents (no children) | Spouse: chattels + HK$1,000,000 + half of remainder Parents: other half equally |
| Spouse + siblings (no children/parents) | Spouse: chattels + HK$1,000,000 + half of remainder Siblings: other half equally |
| Children only | Equally among children |
| Parents only | Equally between parents |
| Siblings only | Equally (per stirpes) |
| No qualifying relatives | Government (bona vacantia) |
12. After the Grant: What to Do
- Open an estate bank account — in your name "as executor/administrator of the estate of [deceased]"
- Present the Grant to each institution — with certified copies of the Grant and Schedule
- Collect all assets — have each institution transfer funds to the estate account
- Advertise for creditors — Gazette + newspapers, wait 2 months
- Pay debts in legal priority order:
- Funeral and administration expenses
- Preferential debts (wages owed to employees, etc.)
- Ordinary debts (credit cards, personal loans, etc.)
- File final tax return with IRD for the deceased
- Prepare estate accounts — detailed accounting of all receipts and payments
- Distribute to beneficiaries — according to will or intestacy rules
- Obtain beneficiary receipts — have each beneficiary sign a receipt acknowledging what they received
- Retain records for 6 years — the statutory limitation period for beneficiaries to challenge
13. Contentious Probate & Disputes
Sometimes, parties disagree about the will or the administration. Common scenarios include:
- Caveat: Anyone can file a caveat at the Probate Registry to prevent a Grant from being issued while a dispute is resolved. This effectively blocks the entire process.
- Will validity challenge: Claims that the will was forged, that the deceased lacked mental capacity, or was under undue influence.
- Provision for dependants: Under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481), dependants who feel inadequately provided for can apply to the court.
- Executor misconduct: Beneficiaries can apply to have an executor removed if they are not acting properly.
Contentious probate matters should always be handled by a solicitor experienced in estate litigation.
14. Practical Tips
- Apply in person at the Probate Registry if the estate is straightforward and you want to save on solicitor fees
- The Probate Registry staff are generally helpful and can answer procedural questions
- Budget for the process to take at least 6 months from start to finish
- Keep all original documents safe — losing the original will can be catastrophic
- Consider the "executor's year" — beneficiaries generally cannot compel distribution within the first 12 months
- If the estate includes property, get the valuation done early — it often takes the longest
Need Help With the Asset Search Before Probate?
AssetCadet conducts a comprehensive asset search across all Hong Kong banks, insurers, MPF trustees, and registries — so your Schedule of Assets is complete the first time you file.
Free Consultation1. 什麼是遺產承辦？
「遺產承辦」是指驗證先人遺囑及取得法院授權處理其遺產的法律程序。在香港，這項授權以高等法院遺產承辦處簽發的遺產承辦書形式頒發。
遺產承辦書是法院命令，確認誰有法律權力收集先人的資產、清還債務，以及將剩餘資產分配給合法受益人。
沒有承辦書，香港任何銀行、土地註冊處或金融機構都不會向任何人發放先人的資產。
2. 為何需要遺產承辦？
- 法律授權：合法授權遺產代理人（遺囑執行人或遺產管理人）代表遺產行事
- 保障機構：銀行和其他機構向持有有效承辦書的人發放資產時受到法律保障
- 保障受益人：法院程序確保資產按照遺囑或法律正確分配
- 保障債權人：程序確保在分配資產前清還債務
3. 承辦書的類型
| 類型 | 適用情況 | 申請人 |
|---|---|---|
| 遺囑認證書 | 先人留有有效遺囑 | 遺囑中指定的遺囑執行人 |
| 遺產管理書 | 先人沒有遺囑（無遺囑繼承） | 按優先順序的至親 |
| 附有遺囑的遺產管理書 | 有遺囑但沒有指定執行人，或執行人無法/不願意行事 | 受益人或至親 |
| 確認通知書 | 遺產總值 ≤ HK$50,000 | 通過民政事務總署處理（更快、更簡單） |
| 簡易管理 | 現金/銀行結餘 ≤ HK$150,000 | 由遺產管理官處理 |
4. 誰可以申請？
有遺囑：遺囑中指定的遺囑執行人。
無遺囑（優先順序）：
- 在世配偶
- 子女
- 父母
- 全血親兄弟姊妹
- 半血親兄弟姊妹
- 祖父母
- 全血親叔伯舅姑姨
- 半血親叔伯舅姑姨
- 遺產管理官（政府）
較低優先順序的人只有在所有較高優先順序的人已放棄權利或已去世時才能申請。
5. 逐步程序
- 尋找遺囑 — 搜查先人住所、聯絡律師、到高等法院遺囑登記處查詢
- 識別及估值所有資產和負債 — 聯絡各銀行、保險公司、強積金受託人等索取結餘確認
- 編製資產負債表 — 列出每項資產和負債及其價值
- 準備支持文件 — 死亡證、遺囑、身份證明、親屬關係證明
- 準備誓章 — 宣誓聲明支持申請
- 到遺產承辦處呈交申請 — 金鐘道38號高等法院大樓LG3樓
- 繳付法庭費用
- 等待法庭處理 — 初步處理約4-8星期
- 回應法庭提問 — 補充資料、更正等
- 承辦書簽發
- 刊登債權人通知 — 在憲報及報章刊登，等待最少2個月
- 收集資產、清還債務、分配遺產
6. 費用
| 項目 | 估計費用 |
|---|---|
| 法庭存檔費 | HK$265 |
| 律師費（簡單遺產） | HK$15,000 — $30,000 |
| 律師費（複雜遺產） | HK$50,000 — $150,000+ |
| 物業估值 | HK$3,000 — $8,000 |
| 憲報通知 | HK$1,500 — $2,500 |
| 報章廣告 | HK$3,000 — $6,000 |
| 簡單遺產總計 | HK$25,000 — $50,000 |
7. 時間表
| 階段 | 時間 |
|---|---|
| 資產搜尋及結餘確認 | 2-6 星期 |
| 準備文件及呈交申請 | 1-4 星期 |
| 法庭處理及提問 | 3-9 個月 |
| 債權人通知期 | 最少 2 個月 |
| 收集資產及分配 | 2-4 星期 |
| 簡單遺產總計 | 6-12 個月 |
| 複雜遺產總計 | 12-24+ 個月 |
8. 無遺囑繼承規則
根據《無遺囑者遺產條例》（第73章）：
| 在世親屬 | 分配方式 |
|---|---|
| 僅有配偶 | 配偶獲得全部遺產 |
| 配偶 + 子女 | 配偶：個人物品 + HK$500,000 + 剩餘一半；子女：均分另一半 |
| 配偶 + 父母 | 配偶：個人物品 + HK$1,000,000 + 剩餘一半；父母：均分另一半 |
| 配偶 + 兄弟姊妹 | 配偶：個人物品 + HK$1,000,000 + 剩餘一半；兄弟姊妹：均分另一半 |
| 無合資格親屬 | 歸政府所有 |