Must I engage a lawyer to carry out the transmission and transfer processes of a HDB flat to an executor/administrator of a deceased's estate? Can the executor / administrator sell the flat once the transmission has been carried out?
Yes. You need to appoint private solicitors to act for you in the transmission and transfer of the flat. HDB's solicitor may act for you, if eligible, and fees apply.
Transmission is the process where the executor or administrator registers their legal right to manage the deceased’s HDB flat (i.e. transfer ownership of the flat to the beneficiaries or sell the flat).
The eligibility for sale of flat depends on whether the deceased has met the minimum occupation period (MOP) for the flat at point of demise.
Executor
If the MOP for the flat is met before the demise of the late owner, the Executor may sell the flat in accordance with the Will. If the MOP of the flat Is not met, then special approval from HDB is needed for the sale of the flat.
Administrator
If the MOP for flat is met before the demise of the late owner, the Administrator may sell the flat on the open market in accordance with the order stated in the Grant Letters of Administration. If the MOP of the flat is not met before the demise of the late owner, special approval is needed from HDB.
You may read more information at HDB's webpage.
Related questions
What will happen to the joint property if one of the owner(s) passed away?
Is it possible for me to leave my HDB flat to a non next-of-kin?
Does the Public Trustee assist in the administration of a deceased's share in a HDB flat?
Upon the death of a sole owner or co-owner of a HDB flat under tenancy-in-common, what should the family do?
