HK Probate Registry — Forms and Addresses

This article sets out the procedural particulars governing the filing of non-contentious probate applications at the Probate Registry of the High Court of Hong Kong. It addresses the Registry’s contact details, the specified-form classification system used for primary applications under the Probate and Administration Ordinance (Cap. 10), the supporting documents required upon lodgement, the alternative procedure available for small estates under Part III of the Ordinance, and the prevailing court fees.

1. Probate Registry — Contact and Filing Address

All grants of probate and letters of administration in respect of deceased persons whose estate is situated in Hong Kong are issued by the Probate Registry, which forms part of the High Court Registry. The Registry’s coordinates for filing and enquiries are as follows:

• Address: LG3, High Court Building, 38 Queensway, Admiralty, Hong Kong
• Telephone: 2840 1683
• Facsimile: 2524 7737
• Email: probate@judiciary.hk
• Office hours: Monday to Friday, 8:45 a.m. to 1:00 p.m. and 2:00 p.m. to 5:30 p.m. (closed on Saturdays, Sundays and gazetted public holidays)

Personal attendance by an applicant or the instructed solicitor is required at the time of lodgement; the Registry does not accept applications by post. Solicitor-filed applications are processed separately from in-person filings and are subject to the requisition protocol set out in the Registry’s standing instructions.

2. The Specified-Form Classification System

The Probate Registry has prescribed a system of standardised specified forms by which the executor or person entitled in priority deposes to the relevant facts. The forms are organised by series, with the primary distinction being between testate and intestate applications:

• W-series— testate applications, i.e. where the deceased left a valid will and a grant of probate is sought.
• L-series— intestate applications, i.e. where there is no will and letters of administration are sought under the priority established by rule 21 of the Non-Contentious Probate Rules (Cap. 10A) read together with the Intestates’ Estates Ordinance (Cap. 73).

Within each series, the suffix denotes the form of attestation: “a” designates an affirmation (a non-religious solemn declaration), whilst “b” designates an oath sworn upon a religious text. The two forms are of equal evidential weight; the choice is one of conscience and does not affect the validity of the application.

Form-to-Scenario Mapping

3. Supporting Documents on Lodgement

The Registry requires the following supporting documents to accompany the specified-form application:

• The original death certificate issued by the Immigration Department, together with a photocopy;
• The original will and any codicil (testate applications only), with a certified photocopy;
• A Schedule of Assets and Liabilities (Form N4.1) itemising the Hong Kong estate at the date of death, supported by bank balance certificates, share statements, MPF statements and property valuations as applicable;
• A copy of the deceased’s Hong Kong Identity Card or other identity document, and a copy of the applicant’s identity document;
• Documentary evidence of the applicant’s relationship to the deceased (marriage certificate, birth certificate, adoption order) where the application proceeds on an intestacy or otherwise depends on status.

4. Small Estates — Alternative Procedure Under Part III

Where the entirety of the deceased’s Hong Kong estate consists of cash (including bank deposits and MPF residues) not exceeding HK$150,000, the personal representative is not required to obtain a grant from the High Court. Under Part III of the Probate and Administration Ordinance (Cap. 10), the estate may instead be administered by the Secretary for Home and Youth Affairs through the Estate Beneficiaries Support Unit of the Home Affairs Department.

This summary procedure is unavailable where the estate comprises real property, listed securities, insurance policies or any non-cash asset, irrespective of value. Where applicable, however, it materially simplifies the administration and obviates the need for monitoring by the Probate Registry.

5. Filing Fees

In respect of estates of persons dying on or after 11 February 2006 — that being the commencement date of the Revenue (Abolition of Estate Duty) Ordinance 2005 — the prescribed court fee on the issue of a grant of representation is HK$337, comprising HK$265 for the application and HK$72 for the engrossment. Estate duty is not payable in respect of such estates and no Form IRED is to be filed.

For estates of persons who died before 11 February 2006 the Inland Revenue Department’s estate duty clearance procedure continues to apply, and applicants should refer to the transitional provisions for the appropriate filing requirements.

6. Practical Observations

Practitioners are reminded that the Probate Registry exercises a non-contentious jurisdiction; any disputed matter — including a challenge to testamentary capacity, due execution or the construction of the will — must be brought by writ in the Court of First Instance and is governed by the contentious provisions of Order 76. In such cases the C-series caveat forms (C1.1 to C1.4) become engaged. A caveat lodged at the Registry endures for six months and may be renewed.

Where any element of the estate is situated outside Hong Kong, or where a grant has issued in a designated Commonwealth jurisdiction, resealing under the Probate (Resealing) Ordinance (Cap. 12) may be available as an alternative to a fresh grant in Hong Kong. The forms and supporting documents for resealing are distinct from those addressed above and should be considered separately.