The conversation that no one wants to have — what happens to the HDB flat after your parents pass away?
In Singapore, HDB flat ownership will pass to living relatives based on the will. But if there’s no will to follow, then the respective laws from either the Family Justice Court or the Syariah Court will determine how the property ownership will be distributed.
Here’s a quick breakdown of how the flat ownership is passed down:
The Family Justice Court will handle the proceedings according to the Intestate Succession Act. Following the order of priority, ownership of the HDB flat will be distributed as follows:
| Flat Owner | Spouse | Children | Parents |
| Married with children | 50% | 50% | x |
| Married with children; spouse no longer living | x | 100% | x |
| Married but without children; parents no longer alive | 100% | x | x |
| Married but without children; has living parents | 50% | x | 50% |
If the owner of the flat is married and has children, once they pass away half of their property goes to their spouse while the other half is evenly distributed to their children.
On the other hand, if the flat owner has children but his/her spouse has since passed on, the children will inherit the whole of the property.
If the flat owner is married but didn’t have any children, then the surviving spouse inherits the property.
And if the owner didn’t have any children but left a spouse and living parents when he passed away, then 50% of the property goes to the spouse and the other half goes to the parents.
Things are a little different if your parents were declared Muslims before they passed: the Syariah Court and the Islamic Inheritance Law (Faraid) come into play.
Based on these laws, immediate family members inherit larger portions of the property while other relatives inherit smaller portions. In addition, men receive double the portion compared to women. To calculate how the flat would be distributed among your family members:
You’ll need to submit an application to inherit your parents’ HDB flat. This can be done without a lawyer.
For Non-Muslims, the form is available on the Family Justice Court’s website.
For Muslims, the forms are available on Syariah Court Singapore’s website.
Yes, but you’ll need to sell one of the two HDB flats because you can only own one HDB flat at a time.
Whichever flat you keep, you’ll have to sell the other one within 6 months of taking ownership of the inherited flat.
This depends on the date your parents purchased the HDB flat. If they purchased it before 30 August 2010, good news: you’re allowed to keep both properties.
If they purchased the flat on/after 30 August 2010, you’ll need to sell one of the properties.
When your parents applied for the flat, they were given 2 types of ownership options: joint tenancy and tenancy-in-common. The ownership type they chose affects how the property is distributed.
Joint tenancy means that all co-owners have equal stake in the property. So when one of the owners passes away, the property ownership automatically goes to the living co-owner.
Tenancy-in-Common means that each owner has a different stake in the HDB flat. If one of the owners passes away, their share will be distributed based on inheritance laws rather than being automatically given to the living owner.
Hi Pooja,
Thank you for your article. I have a question after reading.
What would happened to my parents’ flat if both of my parents are passed away and both my elder brother & sister already have a flat (belong to single brother) and condo (belong to married sister) respectively?
I am the only one staying with my parents in their flat (bought in 1990) for the past 5 years after selling my flat few years ago. Currently, I do not own any property.
As my parents have not left a will, would their flat be legally passed on to me OR need to divide the flat into 3 portions?
If need to divide the flat into 3 portions, does that mean selling the flat in order to divide the proceeds into 3 portions?
Thank you.
Hi Chris, thank you for writing in. First and foremost, the 3 siblings have to decide on next steps with this flat and appoint an administrator. Do note that it is not possible for your siblings to take over the flat and the split portion is dependent on the arrangement with your siblings, not necessarily split into 3 portions. We will drop you an email shortly to follow up and advise you further:)
Cheers
Jeff
Hi Pooja,
Thanks for your article.
Can I check with you?
I’m currently staying at my parent house & I’m also the owner of this house too. My dad has passed away 2yrs ago. Therefore, I’m the only owner of this house.
But probably end of this year, my BTO will be ready and be staying with my husband. As I’m aware, 1 person can only own 1 HDB. And I have plan to sell away this HDB as all my siblings have their own flat.
Now I’m thinking, How should I split the sales of this flat with my 4 siblings? If buyer is paying thru CPF, can the buyer split among us? How to go with it to have equal share??
Hi Jennifer, thank you for writing in and hope you are well! In any case, you will not be affected by how the buyer is financing the house as upon completion, you will get the proceeds via cheque. The proceeds receivable is nett the deduction of the CPF used & accured interest for this house. Hope that helps! Cheers, Jeff
Hi Pooja, I have a few questions. My parent has added my brother’s name in their current flat. My father has passed on. Currently, my mother is staying with my brother in this flat with his wife (who is still holding Special Visitor Pass) and a son.
1) what will happen to the flat if my mother and brother no around.
2) will my sister in law inherit 50 percent of the estate given her status.
3) Can I add my name in this flat if I’m owning a private property?
4) or can we appoint some family member to be the trustee of this house?
5) if none of the above applicable, will is the only way ? How much is the charge to write up a will?
Thanks yr time and hope to hear from you soon.
HT
Hello Helen, thank you for writing in! We will drop you an email shortly to follow up on your questions 🙂 Cheers, Jeff
I am the owner of a hdb flat with my father under joint tenancy.
If my father pass on, can I inherit the hdb and rent out ?
I am married and staying with my hubby. I do not own any property under my name.
Hi Christine, thank you for writing in! You are able to inherent the HDB provided you don’t own any other property. However, do take note that you cannot rent out as you will need to fulfill the Minimum Occupation Period of 5 years from the date you change owner. Hope that helps! Cheers, Jeff
Hi,
My parents have pass away and left the hdb flat to my brother and me.. My brother is owner and I’m Co-owner, and currently I have got my bto flat with my wife which mean I need to remove my name from the hdb that I’m staying now. My question is, can my brother do a resales part share and buy over my share? Or any option for me to have myself covered? he is not agreeable to sell and split the money now, he want my name to be remove and he will sell and get 100% of the share
Hi Daxon, thank you for writing in! Yes, you can do a part share with your brother and have him to buy over your share of the unit. If you need further clarification on the process, we would suggest that you reach out to HDB directly. Hope that helps! 🙂
Hi Pooja,
I intend to purchase a HDB with my husband under joint-tenancy. Both of us have children from previous marriage(he has 1 son and i have 2 daughters). I understand if any one of us pass on first, the property ownership automatically goes to the living co-owner. So if let say i pass on first, will my children be entitled to the shares of the house if my husband sell off the house? Fyi,i am a Muslim. Thank you in advance.
Hi Su! We would suggest that you get a Will done in this case as it would be more straightforward and clear. Hope that helps!
Hi Pooja! I became the sole owner of my parent’s flat after they have both passed on. The mortgage is fully paid for, and my CPF has never been used to pay for the house. I now want to sell the house so that I can buy another flat with my spouse. How will I get the proceeds as I will also have to split it equally with my three other siblings?
Hello Siti! Thank you for writing in. Since the mortgage has been fully paid for and no CPF was utilized for the house, the proceeds from the sale will be in full cash. As for the distribution with your other 3 siblings, it will depend on the parents’ Will. Hope that helps!