Probate Checklist Hong Kong: An Executor’s Step-by-Step Guide for the First 30 Days and Beyond

About the authors

Written by Jessica Lau · Solicitor at Slotine. Jessica handles Hong Kong probate applications from the first client meeting through to closing the estate, and works with executors and next of kin at every stage of the Probate Registry process.

Reviewed by Maeva Slotine · Founder and Solicitor at Slotine. Maeva supervises the firm’s probate and cross-border estate practice, acting for Hong Kong families and foreign executors with Hong Kong-situated assets.

If you have just lost someone in Hong Kong and need to deal with their estate, this checklist sets out what to do, in the order to do it, across three phases that typically run over six to twelve months.

The three phases are: registration and safeguarding in the first 30 days, preparing and filing the application in weeks 2 to 12, and collecting, paying and distributing in the months after the grant is issued. Each step is short and links to our detailed guide on that topic, so you can move quickly now and read deeper where you need to. This guide is written for executors and next of kin, not for lawyers — and it works whether you plan to handle the application yourself as a personal applicant or to hand it over to a solicitor.

14 days
To register a death
(Cap. 174)
23 steps
Across 3 phases,
6–12 months typical
6 months
Family/dependant claim
window (Cap. 481)

Which route applies to you?

Before anything else, work out which route applies to your situation:

There is a valid will
Grant of probate

The executor named in the will applies to the Probate Registry for a grant of probate to administer the estate.

If the named executor is unable or unwilling to act, the route becomes letters of administration with the will annexed.

No will (intestate)
Letters of administration

The next of kin in the statutory order of priority applies for letters of administration. The estate is distributed under Cap. 73.

See our letters of administration guide and the rule 21 priority order.

Small Hong Kong estate?

Money only, not over HK$50,000: a Confirmation Notice may be enough, without a full grant.   Estate not over HK$150,000: the Official Administrator may administer it summarily under section 15 of the Probate and Administration Ordinance. Larger or more complex: a full grant is needed.

Typical timeline at a glance

The typical rhythm of a Hong Kong probate administration:

Weeks 1–2
Register the death, obtain death certificate copies, return the identity card, locate the will.
Weeks 2–12
Gather documents, value assets, prepare and file the grant application, respond to Registrar requisitions.
Months 3–9
Grant issues, lodge with asset holders, advertise for creditors, settle debts.
From month 6
The six-month family claim window under Cap. 481 closes, and distribution can safely proceed.
Months 6–12
Distribute the estate and prepare final accounts.

These are typical rhythms, not deadlines. Complex or contested estates run longer. The six-month family claim window under Cap. 481, however, is a hard bar on safe distribution.

Phase 1: the first 30 days after death

The first 30 days are dominated by administrative registration and safeguarding, not by legal strategy. The two hard deadlines are the 14-day death registration and the 30-day return of the deceased’s Hong Kong identity card. Everything else in this phase is about locating documents, identifying who is entitled to act, and making sure no one touches the assets before they are authorised to do so.

1
Register the death. A death from natural causes must be registered with a Deaths Registry of the Immigration Department within 14 days, under the Births and Deaths Registration Ordinance (Cap. 174), using the Medical Certificate of the Cause of Death (Form 18) issued by the attending doctor. A death referred to the Coroner follows a different timeline.
2
Obtain certified copies of the death certificate. Apply for certified copies of the death entry (HK$140 each); you will need several originals, because banks, registries and other institutions each ask to see one.
3
Locate the will and any codicils. Search for the latest will and any amendments, as these determine the type of grant and who has the right to apply: our Grant of Probate guide explains how to find and verify the will.
4
Identify who has the right to apply. If there is a will, this is the named executor; if there is no will, it is the next of kin in the statutory order of priority, explained in our letters of administration guide and the priority order under the Non-Contentious Probate Rules.
5
Notify key institutions and return the identity card. Notify the deceased’s banks, employer, landlord and insurers, and deliver the deceased’s Hong Kong identity card to the Commissioner of Registration for cancellation within 30 days of death (Registration of Persons Regulations, Cap. 177A).
6
Safeguard the assets, and do not intermeddle. Secure the deceased’s Hong Kong assets but do not deal with them before you are authorised: intermeddling with the estate of a person who died on or after 11 February 2006 is a criminal offence under section 60J of the Probate and Administration Ordinance, as explained in our letters of administration guide.

Not sure which route applies to your situation, or whether the estate qualifies for summary administration? A confidential call with Slotine helps you map your route (probate, letters of administration, or Confirmation Notice), identify whether you need a sureties’ guarantee, and understand what the first weeks will look like — before you commit any fees.

Book an assessment call

Quick reference: forms, fees and statutes

Before diving into Phase 2, here are the forms and court fees you are most likely to encounter, all under Hong Kong statute:

Cap. 174
Register the death
Form 18
HK$140
per certified copy
Cap. 4D Sch. 2
Apply for a grant of probate
Oath in the specified form
HK$265
Cap. 4D Sch. 2
Apply for letters of administration
L1.1a → L1.6a
HK$265
by relationship
Cap. 10A
Renounce the right to a grant
L2.1
No court fee
Cap. 10A r. 38
Provide a sureties’ guarantee
M3.1 + M3.2
No court fee
Cap. 4D Sch. 2
Lodge a caveat
C1.1
HK$72
Cap. 4D Sch. 2
Withdraw a caveat
C1.2
HK$36
Cap. 10 ss. 48–52
Seal a foreign grant
F1.1 (+ F1.2 / F1.3)
HK$265
for foreign LoA

This is a snapshot for orientation. Each form and fee is explained in the guide the corresponding step points to.

Phase 2: preparing and filing the application (weeks 2 to 12)

Phase 2 is the paperwork phase. The steps below are typically compressed into four to twelve weeks, depending on how many assets you need to value, whether a sureties’ guarantee is required, and whether the Registrar raises requisitions. This is the phase where instructing a Hong Kong solicitor most often saves time, and where a personal applicant is most exposed to delay if the documents are not right first time.

7
Confirm that a grant is actually needed. Assets held in joint tenancy pass automatically, and small estates may be dealt with by a Confirmation Notice or by summary administration, so check whether a grant is required at all: see the exceptions in our Grant of Probate guide and the statutory framework.
8
Decide whether to instruct a Hong Kong solicitor. A straightforward estate can be handled by a personal applicant, but a contested, cross-border or document-heavy estate is usually better handled by a Hong Kong solicitor.
9
Gather the supporting documents. Assemble the death certificate, the will, identity documents and asset information in the format the Registry expects: our Grant of Probate guide sets out the documents required.
10
Identify and value the Hong Kong assets. List every Hong Kong-situated asset (bank accounts, securities, property, company shares) and obtain values as at the date of death, as explained in our Grant of Probate guide.
11
Confirm eligibility and the priority order (intestate estates). Where there is no will, confirm that no one ahead of you intends to apply, using the order of priority in our letters of administration guide and the rule 21 priority detail.
12
Arrange the sureties’ guarantee if required. Many administrators, especially non-residents and those acting for a minor or incapable beneficiary, must provide a guarantee by sureties under rule 38 of the Non-Contentious Probate Rules: see our guide to the sureties’ guarantee.
13
Prepare the oath and supporting affidavits. The applicant swears or affirms the oath required by rule 6 of the Non-Contentious Probate Rules, in the specified form, along with any supporting affidavits: our Non-Contentious Probate Rules guide covers this.
14
File the application at the Probate Registry. Lodge the completed application at the Probate Registry of the High Court, following the procedure under the Non-Contentious Probate Rules.
15
Respond to any Registrar requisition. The Registrar may raise requisitions asking for further information or evidence; answer them promptly to avoid delay, as explained in our Non-Contentious Probate Rules guide.

Lost in the paperwork? Slotine can take the application off your desk, prepare the oath and supporting documents, and deal with the Probate Registry on your behalf.

Speak to our probate team

Phase 3: after the grant is issued (months 3 to 12)

Once the grant issues, the work shifts from paperwork to fiduciary duty. The administrator or executor is now personally responsible for collecting assets, paying debts in the correct order, waiting out the family claim window, and distributing what remains — and personally exposed if any of these are done wrong. Move deliberately: the six-month family and dependant claim window under Cap. 481 is a real constraint on distribution timing.

16
Receive the grant of representation. The Probate Registry issues the grant (probate or letters of administration), which is your legal authority to deal with the estate. Keep the original safe and obtain office copies if needed.
17
Lodge the grant with banks and the Land Registry. Produce the grant to each asset holder to collect or transfer the Hong Kong assets, as set out in our Grant of Probate guide.
18
Advertise for creditors. Protect yourself against unknown claims by advertising for creditors under section 29 of the Trustee Ordinance (Cap. 29) — “Protection by means of advertisement” — giving creditors a defined period (not less than two months) to come forward: see our Grant of Probate guide.
19
Handle any caveat or opposition. If someone lodges a caveat or contests the grant, the matter moves into contentious territory: our caveat guide explains the procedure under rule 44 of the Non-Contentious Probate Rules.
20
Settle debts, taxes and expenses in the statutory order. Pay funeral, testamentary and administration expenses, then the debts and liabilities, in the order set out in section 63 and Schedule 1 of the Probate and Administration Ordinance: see our statutory framework guide.
21
Wait out the family and dependant claim window before distributing. An eligible family member or dependant may claim against the estate under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) within six months of the grant, so distributing during that window carries a risk: our letters of administration guide explains this.
22
Distribute the estate. Distribute the net estate to the beneficiaries under the will, or under the intestacy rules of the Intestates’ Estates Ordinance (Cap. 73) where there is no will: our letters of administration guide covers the administrator’s distribution duties.
23
Prepare estate accounts and close the administration. Keep proper accounts of what was collected, paid and distributed, and finalise the administration: our Grant of Probate guide covers the closing stage.

Common mistakes to avoid

Even a straightforward Hong Kong estate can go wrong at predictable points. The five most common mistakes are:

1
Missing the 14-day death registration window under section 14 of the Births and Deaths Registration Ordinance (Cap. 174). Late registration is possible but adds friction and slows every downstream step.
2
Touching the deceased’s assets before the grant is issued. For deaths on or after 11 February 2006, intermeddling without lawful authority is a criminal offence under section 60J of the Probate and Administration Ordinance: see our letters of administration guide.
3
Distributing to beneficiaries within the six-month family claim window under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481). A successful late claim leaves the administrator personally exposed if the estate has already been distributed.
4
Applying for the grant when someone ahead of you in the priority order intends to apply. For intestate estates, confirm the rule 21 order first: see our Non-Contentious Probate Rules guide.
5
Missing a caveat lodged against the estate. A caveat halts the grant regardless of how complete your papers are; a search of the caveat index costs HK$18 and can save weeks: see our caveat guide.

Cross-border situations

If the deceased or the executor is outside Hong Kong, the sequence above still applies, but several steps become more involved.

When you should consider instructing a lawyer

This checklist is designed to work whether you are handling the application yourself as a personal applicant or planning to hand it over. Five situations tend to be difficult to manage without a Hong Kong solicitor:

1
A cross-border estate: a foreign executor, a foreign-domiciled deceased, or a foreign grant to be sealed in Hong Kong.
2
An intestate estate where the priority order is contested, where a sureties’ guarantee is required, or where a beneficiary is a minor or under incapacity.
3
A contested or likely-contested application: caveats, competing applicants, or questions over the validity of the will.
4
A large or complex estate: multiple bank accounts across jurisdictions, real property, listed and unlisted securities, business interests, or trust structures.
5
An estate where the executor is uncomfortable with sworn statements, statutory references or the Probate Registry’s procedural requirements. There is no shame in handing this over — it is exactly what a probate solicitor is for.

Download the Hong Kong probate checklist (PDF)

Downloadable resource

The Hong Kong probate checklist (PDF)

A printable 23-step checklist to keep beside the paperwork and tick off as you go. Free download, no email required.

Frequently asked questions

  • Do I always need probate to administer a Hong Kong estate?

    Not always. Assets held in joint tenancy pass automatically to the survivor, and small estates may be dealt with by a Confirmation Notice (money only, not over HK$50,000) or by summary administration through the Official Administrator (not over HK$150,000). Larger or more complex estates need a grant.

  • What if there is no will?

    Where there is no valid will, the estate is administered through letters of administration, applied for by the next of kin in the statutory order of priority, and distributed under the intestacy rules. See our letters of administration guide.

  • How long does the whole probate process take in Hong Kong?

    The time varies with the completeness of the papers, whether a sureties’ guarantee or a co-administrator is required, and whether any dispute or foreign element arises. A straightforward, uncontested application commonly takes a few months from filing to grant, while contested or cross-border matters take substantially longer. Our Grant of Probate guide covers the application timeline.

  • What is the difference between a grant of probate and letters of administration?

    A grant of probate is issued to the executor named in a will; letters of administration are issued by the court where there is no will or no executor able to act. See our Grant of Probate guide and letters of administration guide.

  • Can a foreign executor or beneficiary apply for probate in Hong Kong?

    Yes. A non-resident can apply, often through an attorney in Hong Kong and usually with a sureties’ guarantee, and a grant obtained abroad can sometimes be sealed in Hong Kong: see our cross-border probate practice.

  • When should I worry about a caveat or a contested application?

    If you expect someone to dispute the will or the right to a grant, or you wish to oppose an application yourself, the relevant tool is a caveat: see our caveat guide.

Administering a Hong Kong estate, from Hong Kong or abroad?

Slotine’s cross-border probate practice can take the paperwork off your desk — from the initial death registration and asset identification through to the sureties’ guarantee, the application at the Probate Registry, and the distribution to beneficiaries. We act for Hong Kong families and for foreign executors dealing with Hong Kong-situated assets.

Contact Slotine [email protected]

Related guides at Slotine

This article does not, and is not intended to, constitute legal advice, and should not be relied upon as such. Slotine can assist with queries on probate applications, letters of administration and cross-border estate administration in Hong Kong. Please contact us if you wish to learn more.



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