PROBATE AND ADMINISTRATION
When someone passes away, they leave behind their estate.
Estate can be: monies and properties, as well as liabilities or debts.
Estates under the deceased’s name must be administered and distributed in accordance with the law.
Probate and Administration is the legal process of appointing someone to manage the deceased’s estate. The Probate Office of the High Court hear probate and administration applications.
| SERVICES | DESCRIPTION |
| Letters of Administration (LA) | Issued when the deceased did not leave a Will. A suitable next-of-kin (administrator) is appointed to manage the estate. |
| Grant of Probate (GP) | Issued when the deceased left a valid Will. The person in the Will (executor) applies to manage the estate. |
| Summary Grant | Simplified process for estates below B$25,000. |
| Resealing of Foreign Grants | Applicable when a foreign court has issued a grant and recognition is needed in Brunei. |
PROBATE OFFICE
The probate office is headed by the Probate Officer, Deputy Probate Officers and Assistant Probate Officer.
The role and function of the registry under the Probate Office is largely to:
- Issue grant of probate (where there is a valid will)
- Letter of administration (where there is no valid will)
- Summary administration of intestate estate not exceeding $25,000.00 and
resealing grant for letter of administration.
In order to be recognized legally to deal with the deceased’s estate in the case of where there is no will, an administrator must be appointed. In the event there is a will an executor would be appointed as named in the will.
| Feature | Grant of Probate | Letter of Administration |
| Deceased left a Will? | Yes | No |
| Who applies? | Executor named in the Will | Eligible next-of-kin |
| Requires Will? | Yes (Original) | No |
| Requires Faraidh Order? | For Muslims with Will | Yes (for Muslims) |
| When to apply? | If the deceased left a valid Will | If the deceased did not leave a valid Will |
| Who should apply? | The executor that has been appointed in the Will | The beneficiaries of the estate,who may include the spouse, children, parents, siblings or other next-of-kin, depending on the circumstances |
| Who the applicant will be legally recognised as? | The executor of the deceased’s estate | The administrator of the deceased’s estate |
CONTACT US
Probate Registry,
High Court, Supreme Court building,
Jalan Raja Isteri Pengiran Anak Saleha,
Bandar Seri Begawan BA1910
Tel: (673) 2243939 ext. 109
Email: probate.registry@judicial.gov.bn
Directions: Google Map
Hours:
Mondays – Thursdays & Saturdays
- 8.00 AM – 11.30 AM
- 2.00 PM – 3.30 pm
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