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
I have the same question as Chris. Would anyone be able to advise ?
Hello Lawrence! Firstly, your siblings and you will have to decide on next steps with the flat and appoint an administrator. The split portion is dependent on the arrangement with your siblings, not necessarily split into 3 portions (for eg. it could be 30-30-40) We will drop you an email shortly to follow up and advise you further:)
Hi Pooja,
I would like to check, the owner of the HDB currently is my dad only. he didn’t write any will. So in the event will my mum become the ownership of the flat without involve with any lawyer? Is there a sum of legal or administration fees need to pay in order to become the ownership of the HDB?
Good morning Mike! If your parents are under a joint-tenancy manner of holding, they will just need to submit the death certificate to HDB and the other party will automatically become the sold owner. The fees vary accordingly case by case so it would be good to check directly on the fees with HDB on this 🙂
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,
My late mother had passed away in 2017 and I have done the letters of grant of admin in 2018.
My brother and I are the only children of our late parents. We have agreed that I take over the flat ownership and my brother will give up his share to me as he already owns a HDB flat n does not intend to ask me for paymemt of his share.
Can advise how do we proceed from here pls? Is a lawyer required?
Hello, thanks for writing in! For such cases, it would be better if you could go directly to HDB and they would be able to advise you accordingly. Do hope that this helps 🙂
Hello Soon Lee, for such cases you would have to go to the HDB branch office to settle. HDB branch office will be able to do it for you. Do hope this 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!
Hi Pooja, i am the sole owner of my hdb flat and i have 2 sons age 21 and 23 as occupants. I do not have any Hdb will. Will my sons inherit the property if let say i passed on? Both of my sons just completed their ns.
Hello Shy, the unit would go automatically to the next of kin if there is no will in place so in this case, the unit would go to your spouse. However, if you wish for your sons to inherit your unit, it would be advisable to do up a will 🙂
Hi, I am a Muslim, a single MOM and I have 2 daughters. I own a HDB flat. If I pass away, who will inherit the flat? I have an elder brother and he is the only male relative.
How do i ensure that my daughters inherit the flat fully? Can i add them as co-owners? (they are 23 and 21 years old)
Hello Jas, it would be ideal for you to have a will in place. Should anything were to happen to you, the will would be in place to ensure the ownership of the unit would be transferred to your children. Hope this helps 🙂
Hi, I am a Muslim.
My dad has his own house under his name.
He passed away on July 2019. My sister and I have a 50/50 share on his inheritance.
His lawyer said we will have to sell the HDB within 6 years. He said we can keep the flat indefinitely, but if we want to sell, we must sell within 6 years. If we want to sell after 6 years, we will need to ask aunties and uncles come to court. But i dont see anything about this.
Can you clarify on this?
Thank you!
Hello Haz, when you and your sister inherited the unit from your dad, was there a will? If so, what your lawyer meant was that the will is only valid for 6 years and should you not want to keep the property after the 6th year, you would need to go to the High Court. Let us reach out to you directly through email on this for clarity yah 🙂
Hi, my dad passed on without a will and my brother had sold his hdb flat after he bought my mum to a lawyer and sign letter of property transfer to his name.My mum was 88 year old and her mind wasn’t very clear on what she had signed. Now my mum regretted as my bro ill treated her, can we engage a lawyer to fight for this case so my mum can get back her share ?
Hello Mei, sorry to hear about what has happened to your mom! Yes, you would need to consult a lawyer who would be able to advise you accordingly on what are the next steps to be taken for this case. Do hope this helps 🙂
Hi Pooja,
My parents bought a hdb years ago. When my mother passed away, her share 50% of the property was included in her estate. Now my dad is the sole owner with my unmarried sister living with him.
Now my dad wants to sell the house. However, we have all signed a deed of family arrangement that he can’t sell the house unless my sister is married.
If we do eventually consent to sell the house, do we get the share of the house from the proceeds of the sale since my mum’s share was not distributed back then? The share of the house would be divided according to the Inheritance certificate under Syariah Court.
Thank you.
Hello, it would have to depend on the holding of the property. Is the property under a joint tenancy or tenancy in common? If it is joint tenancy, the share of from your mom will be processed according to the will but it is a tenancy in common, the property would have been owned solely by your dad by now. Also, to ensure that your mom’s will is acted out accordingly, it would be advisable to engage a private lawyer to act for the sales. Do hope this helps:)
Hi, my both parents has passed on. Total we have 4 of us, only me staying in this house.
The house has fully paid from my Dad Cpf, he didn’t make a will also.
I want to know if we sell the house are we able to get in cash or the amount will go to our cpf?
Thank you.
Hello Zhang! In such instances, you would be getting cash. The sales proceeds would not be going to your CPF! Do hope this helps!