By The Address desk · Last verified 7 October 2026
How a home passes on death depends first on how it was owned. If the owners were joint tenants, the deceased’s share goes automatically to the surviving owner, who lodges a Notice of Death with the Singapore Land Authority. If the deceased was a sole owner or tenant-in-common, the share passes under the will, through an executor with a Grant of Probate, or under the Intestate Succession Act, through an administrator with Letters of Administration. For an HDB flat, the beneficiary must also meet HDB’s eligibility rules to keep it; otherwise it is sold or returned to HDB. No stamp duty is payable when property passes to beneficiaries by assent, but it counts in their property tally for future ABSD.
Losing someone is hard enough without paperwork worries. Here is the path, step by step, so the family home is handled gently and correctly.
Quick facts
- Joint tenancy means survivorship: the share passes to the remaining owners outside the will.
- Tenancy-in-common means the share is distributed by the will or the Intestate Succession Act.
- Executors need a Grant of Probate; administrators need Letters of Administration. Both are court orders.
- An HDB flat can be kept only by a beneficiary who meets HDB’s prevailing eligibility conditions.
- If no one can keep an HDB flat, it may be sold, or returned to HDB at the prevailing compensation price, subject to HDB’s approval.
- Stamp duty, including ABSD, is not payable on property passed by assent under a will, the Intestate Succession Act or Muslim law of inheritance.
Which route applies to your family?
| How the home was held | What happens | Paperwork |
|---|---|---|
| Joint tenancy, with a surviving owner | The survivor takes the deceased’s share automatically | Notice of Death lodged with SLA, by the survivor, a lawyer or, for HDB flats, HDB’s legal services |
| Sole owner or tenancy-in-common, with a will | The executor deals with the share as the will directs | Grant of Probate, then transmission to the executor and transfer to beneficiaries |
| Sole owner or tenancy-in-common, without a will | The share is divided under the Intestate Succession Act (or Muslim law, where it applies) | Letters of Administration, then transmission to the administrator and transfer to beneficiaries |
Inheriting an HDB flat: the extra rules
An HDB flat is public housing, so inheriting one is not only a question of the will. The beneficiary who wants to keep it must meet HDB’s eligibility conditions at the time, including citizenship or residency status and household rules. In practice, the questions HDB will ask are:
- Is the beneficiary eligible to own an HDB flat? Foreigners cannot keep one.
- Does the beneficiary already own another flat or private property? If so, they generally cannot keep both, and HDB will set a period to dispose of one.
- Who lives there? Family members who were living in the flat may be able to keep it if they meet the conditions.
- If no one qualifies, the flat must be sold on the open market or returned to HDB at the prevailing compensation price, subject to HDB’s approval.
Because each case turns on the family’s details, contact HDB early through its e-service or the managing branch, and let them confirm the timeline that applies to you.
Worked example: a mother’s flat and two children
A widowed mother owns a 3-room flat alone and leaves a will dividing it equally between her son and daughter. The son lives in the flat and is a single citizen aged 40; the daughter owns a condo with her husband.
- The executor named in the will applies for a Grant of Probate through a lawyer.
- The family checks with HDB whether the son can keep the flat. As a single citizen over 35 who does not own other property, he may qualify, subject to HDB’s assessment.
- The daughter owns private property, so she generally cannot keep a share of the flat as well. The son may buy out her half, or the family agrees to sell the flat and share the proceeds; HDB confirms what is allowed.
- No stamp duty is payable on the assent to the beneficiaries. If the son buys his sister’s share for value, normal stamp duty rules apply to that purchase.
Inheriting private property
Private homes have no HDB eligibility test, so the main steps are the grant, transmission and the transfer to beneficiaries, with any mortgage settled or taken over. Two points catch families out. First, the inherited home counts in your property tally, so a later purchase may attract ABSD as a second home. Second, a foreigner who inherits a landed home is subject to the Residential Property Act, so check with SLA before deciding to keep it.
The WahLiao Verdict
The kindest thing you can do for your family is to settle this before it is needed: check how your home is held, make a will, and talk openly about who would live in it. If you are the one handling an estate now, take it in order: confirm the ownership type, get the grant, then speak to HDB or SLA before promising anyone the home. Done calmly, the family home can pass on without a quarrel or a surprise bill.
Questions people ask
Does a will override joint tenancy?
No. A jointly-held share passes to the surviving joint tenant by survivorship, whatever the will says. To leave a share by will, owners need to hold as tenants-in-common.
Do I pay stamp duty on an inherited home?
No. IRAS does not charge stamp duty on property passed to beneficiaries by assent under a will, the Intestate Succession Act or Muslim law of inheritance.
Will an inherited flat affect my ABSD later?
Yes. Inherited residential property counts towards your property count when IRAS works out the ABSD rate on any later purchase.
Can a foreigner inherit an HDB flat?
A foreigner cannot keep an HDB flat. If they are a beneficiary, the flat is usually sold and they receive their share of the proceeds.
Sources: HDB, retaining a flat after the death of an owner; IRAS, no stamp duty on inheritance by assent and inherited property and the ABSD count; Singapore Land Authority, foreign ownership of property. The Address explains; it does not advise.
Read next: Making a Will in Singapore: What It Needs, What It Costs, and What Happens Without One · Joint Tenancy or Tenancy-in-Common: How Co-Owners Hold a Home in Singapore · Back to The Address
For what’s worth it this week, with the bill shown, read The WahLiao Week.
Leave a comment