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 BND 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 |
APPLY FOR GRANT OF LETTER OF ADMINISTRATION
A Grant of Letter of Administration legally recognizes an applicant as the Administrator of the deceased’s estate.
The appointed individual manages the deceased’s property. This includes distributing the estate to the beneficiaries after payment of the deceased’s debts and other expenses.
1. Pre-Application Checklist
| Application | What You Need |
| For Muslims (LA) |
|
| For Non-Muslims (LA) |
|
2. File Your Application
Required Documents Common to Both LA and GP:
- Application Form (Free)
- Petition Form
- Affidavit (Collector of Stamps)
- Death Certificate and IC of deceased
- Marriage Certificate / Single Status Certificate (from Ketua Kampung)
- ICs of beneficiaries
- All documents of title to the estate
3. Fees
| Item | Fee |
| File Opening (Petition Form) | BND160.00 |
| Affidavit Fee (per applicant) | BND5.00 |
| Stamp Duty (upon extraction) | BND1.00 |
| Extraction Fees Based on estate value | See Extraction Fee Table (link to table) |
4. Valuation of Estate
Once documents are submitted, the Registry issues valuation letters for you to send to relevant agencies (e.g. Land, Banks, Transport). Return the replies to the Probate Office.
5. Extraction Fee Table
| NET VALUE OF THE ESTATE ASSESSED BY THE COLLECTOR OF ESTATE DUTY DOES NOT EXCEED | EXTRACTION FEE |
| $10,000.00 | $20.00 |
| $20,000.00 | $40.00 |
| $30,000.00 | $60.00 |
| $40,000.00 | $80.00 |
| $50,000.00 | $100.00 |
| $60,000.00 | $120.00 |
| $70,000.00 | $140.00 |
| $80,000.00 | $160.00 |
| $90,000.00 | $180.00 |
| $100,000.00 | $200.00 |
| $110,000.00 | $220.00 |
| $120,000.00 | $240.00 |
| $130,000.00 | $260.00 |
| $140,000.00 | $280.00 |
| $150,000.00 | $300.00 |
| $160,000.00 | $320.00 |
| $170,000.00 | $340.00 |
| $180,000.00 | $360.00 |
| $190,000.00 | $380.00 |
| $200,000.00 | $400.00 |
| $300,000.00 | $500.00 |
| $400,000.00 | $600.00 |
| $500,000.00 | $700.00 |
| $800,000.00 | $800.00 |
| $1,200,000.00 | $1,000.00 |
| $2,000,000.00 | $1,200.00 |
6. Hearing and Grant
Once fees are paid, the hearing will be scheduled within one month.
Attend the hearing with the Probate Officer or Deputy Probate Officer.
If successful, the Letter of Administration will be issued.
7. What is the role of an Administrator? What if they fail to carry out their duties?
| DUTIES & RESPONSIBILITIES AS AN ADMINISTRATOR | FAILURE TO FAITHFULLY BE AN ADMINISTRATOR |
| To collect and recover all the property, assets and effects covered by the grant | If the assets are damaged, administrator may become liable for them |
| To find out if there is any debt by the deceased due to be paid | |
| Administrator may pay back for costs on burial or application to be the administrator |
In the event there has been an abuse of power by the Administrator, beneficiaries may seek an order in the High Court for records to be shown and / or for payments to be made. Beneficiaries may apply for a new Administrator to be appointed |
| Distribute the residue of the estate according to the law | |
| To keep a personal account and record of any dealing with assets under administration |
8. Change of Administrator
When Do You Need to Change the Administrator?
There are two main reasons:
The current Administrator wants to withdraw;
The current Administrator has passed away.
| If the Administrator Wishes to Withdraw | If the Administrator has Passed Away |
|
For Muslim Deceased:
For Non-Muslim Deceased:
|
For Muslim Deceased:
For Non-Muslim Deceased:
|
APPLY FOR GRANT OF LETTER OF PROBATE
A Grant of Letter of Probate legally recognizes an individual as the Executor of the deceased’s estate.
The appointed individual manages the deceased’s property. This includes distributing the estate to the beneficiaries after payment of the deceased’s debts and other expenses.
1. Pre-Application Checklist
| Application | What You Need |
| Grant of Probate (All) |
Submit original Will to the Probate Registry for verification. For Muslim individuals with a Will, verification must first be obtained from the Syariah High Court. |
2. File Your Application
Required Documents Common to Both LA and GP:
- Application Form (Free)
- Petition Form
- Affidavit (Collector of Stamps)
- Death Certificate and IC of deceased
- Marriage Certificate / Single Status Certificate (from Ketua Kampung)
- ICs of beneficiaries
- All documents of title to the estate
3. Fees
| Item | Fee |
| File Opening (Petition Form) | BND160.00 |
| Affidavit Fee (per applicant) | BND5.00 |
| Stamp Duty (upon extraction) | BND1.00 |
| Extraction Fees Based on estate value | See Extraction Fee Table |
4. Valuation of Estate
Once documents are submitted, the Registry issues valuation letters for you to send to relevant agencies (e.g. Land, Banks, Transport). Return the replies to the Probate Office.
5. Extraction Fee Table
| NET VALUE OF THE ESTATE ASSESSED BY THE COLLECTOR OF ESTATE DUTY DOES NOT EXCEED | EXTRACTION FEE |
| $10,000.00 | $20.00 |
| $20,000.00 | $40.00 |
| $30,000.00 | $60.00 |
| $40,000.00 | $80.00 |
| $50,000.00 | $100.00 |
| $60,000.00 | $120.00 |
| $70,000.00 | $140.00 |
| $80,000.00 | $160.00 |
| $90,000.00 | $180.00 |
| $100,000.00 | $200.00 |
| $110,000.00 | $220.00 |
| $120,000.00 | $240.00 |
| $130,000.00 | $260.00 |
| $140,000.00 | $280.00 |
| $150,000.00 | $300.00 |
| $160,000.00 | $320.00 |
| $170,000.00 | $340.00 |
| $180,000.00 | $360.00 |
| $190,000.00 | $380.00 |
| $200,000.00 | $400.00 |
| $300,000.00 | $500.00 |
| $400,000.00 | $600.00 |
| $500,000.00 | $700.00 |
| $800,000.00 | $800.00 |
| $1,200,000.00 | $1,000.00 |
| $2,000,000.00 | $1,200.00 |
6. Hearing and Grant
Once fees are paid, the hearing will be scheduled within one month.
Attend the hearing with the Probate Officer or Deputy Probate Officer.
If successful, the Letter of Administration will be issued.
7. WILLS – What happens next?
Step 1: Is there an Executor named in the Will?
Yes: Go to Step 2.
No: You must apply for Letter of Administration with the Will attached (This happens when the Will does not name anyone to carry out the instructions).
Step 2: Is the Executor legally able and willing to act? (They must be of sound mind, legal age and willing to take on the responsibility).
Yes: Proceed to apply Grant of Letter of Probate.
No: Go to Step 3.
Step 3: Is there another Executor named in the Will?
Yes: The first Executor must officially give up (renounce) their role.
Then go back to Step 1 with the next named Executor.
No: Proceed to apply Grant for Letter of Administration with the Will attached.
OTHER SERVICES
SUMMARY GRANT
What if the assets are below $25,000.00?
- The applicant will be directed to apply for a Summary Grant
Who are eligible to apply?
- Beneficiaries who are entitled to a share of the deceased’s estate where the assets are less than BND25,000.00 in value.
What happens after the Summary Grant is granted?
- Probate Officer or Deputy Probate Officer approves the Summary Grant then the clerk will contact applicannts to collect at the Probate Office registry.
CORRECTIVE AFFIDAVIT
What happens if applicant forgets to include an asset in their application?
- The Administrator will need to file a Corrective Affidavit, stating the details of the previously excluded assets. If such an application is made, the copy Letter of Administration must be enclosed to the Probate Registry at the time of filing the Corrective Affidavit.
What is I want to add more assets / properties?
- For applicants who have already acquired the Letter of Administration or Probate and would like to amend or add on assets to the Schedule, a form will be given to the applicant (Administrator or Executor) to be filled by them and submitted along with exhibits.
RESEALING OF FOREIGN GRANTS
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SECTION 28(4) PROBATE ACT
(4) The following person, if of full age and sound mind, are entitled, in the following order, to letters of administration of a deceased person’s estate-
a) the surviving husband or wife;
b) children or other issue;
c) the father or mother;
d) the father or mother;
e) the brothers and sisters of the whole blood;
f) the grandparents;
g) uncles and aunts of the whole blood;
h) uncles and aunts of the half blood;
i) creditors;
SECTION 33 PROBATE ACT
33. (1) Probate of letters of administration shall not be granted to any person outside Brunei Darussalam.
(2) If-
a) the person entitled to probate or letters of administration, as the case may be, is absent from Brunei Darussalam; and;
b) there is no other person present in Brunei Darussalam who is equally entitled to such probate or letters of administration and who is willing and competent to act, then probate or letter of administration, as the case may be, may be granted to the lawfully appointed attorney of the person mentioned in paragraph (a);
(3) An attorney holding probate or letters of administration shall be subject to the same liabilities in all respects as an executor or administrator in his own right.
FORMS
Application for Grant of Letter of Administration
Application for Grant of Letter of Probate
Statutory Declaration applying as Administrator (ENGLISH / BAHASA MELAYU)
Statutory Declaration Renouncing rights as Administrator (ENGLISH / BAHASA MELAYU)
Affidavit for Collector of Stamps
Petition for Administration
Corrective Affidavit form – to add additional assets
Caveat form – to object an application
Summary Grant form – bla bla bla
FREQUENTLY ASKED QUESTIONS (FAQs)
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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