Probate Lawyer in Malaysia : Grant of Probate
A probate lawyer in Malaysia assists executors and beneficiaries with the legal process of administering the estate of a person who has passed away leaving a valid Will.
Where a valid Will exists, the executor named in the Will will generally need to obtain a Grant of Probate before dealing with certain assets of the deceased. The grant provides the executor with the legal authority to collect and administer the estate, settle liabilities and distribute the remaining assets to the beneficiaries according to the Will.
At The Law Chambers of Gurvin, we assist clients with Grant of Probate applications and related estate administration matters in Malaysia. We guide executors through the necessary documents, court procedures and subsequent steps required to administer the estate.
Wills, Probate & Estate Administration Services
The appropriate legal process depends on the circumstances of the individual or estate. Our related services include:
Grant of Probate
Where a person passes away leaving a valid Will, the executor named in the Will may need to obtain a Grant of Probate in Malaysia before administering the deceased’s estate.
Will Writing
We assist individuals with preparing Wills to record their wishes concerning the distribution of their assets and the appointment of executors.
Learn more: Will Writing in Malaysia
Power of Attorney
We assist with the preparation of Powers of Attorney where a person wishes to authorise another person to act on their behalf in specified matters during their lifetime.
Learn more: Power of Attorney in Malaysia
Letters of Administration
Where the deceased did not leave a valid Will, the appropriate legal process may instead involve an application for Letters of Administration.
Learn more: Letters of Administration in Malaysia
Small Estate and Land Matters
Depending on the nature and value of the estate, certain estates involving land may fall within the small estate distribution process.
Learn more: Small Estate & Land Matters in Malaysia
What Is a Grant of Probate in Malaysia?
A Grant of Probate is a legal document issued by the High Court according to the succession laws, that is, the Probate and Administration Act 1959which confirms the authority of the executor named in a deceased person’s Will to administer the estate.
In simple terms, the Will identifies who the executor should be, while the Grant of Probate provides the executor with the necessary court authority to deal with the estate.
Once the grant has been obtained, the executor may use it when dealing with relevant banks, financial institutions, land matters, shares, investments and other assets forming part of the deceased’s estate.
The executor is then responsible for administering the estate in accordance with the Will and applicable Malaysian law.
Steps to Obtaining a Grant of Probate in Malaysia
The Grant of Probate procedure in Malaysia generally involves identifying the executor, preparing and filing the necessary court documents, obtaining the Grant of Probate and subsequently administering the deceased’s estate.
The exact process may vary depending on the Will, the assets involved and the circumstances of the estate.
1. Identify the Executor Named in the Will
The first step is to identify the executor appointed by the deceased under the Will.
There may be one executor or more than one executor appointed. The executor is responsible for administering the deceased’s estate and carrying out the instructions contained in the Will.
Before proceeding with the probate application, the original Will should be reviewed together with the deceased’s relevant documents and information concerning the estate.
2. Prepare the Grant of Probate Application
The executor may apply to the High Court of Malaya for a Grant of Probate. A probate lawyer may assist with preparing and filing the necessary court documents and affidavits.
The application is subject to the applicable Malaysian court procedures, including the Rules of Court 2012.
Documents and information commonly required for a Grant of Probate application may include:
- Executor’s identity card or passport
- Death certificate of the deceased
- Original Will
- Relevant information concerning the beneficiaries
- List of the deceased’s assets
- Land titles or other property documents
- Bank account or fixed deposit information
- Share or investment statements
- Information concerning outstanding loans and other liabilities
- Other supporting documents relevant to the estate
The documents required may differ depending on the nature of the deceased’s assets and the circumstances of the estate.
3. Filing and Court Proceedings
Once the necessary documents have been prepared, the probate application is filed with the High Court.
The Court will consider the application and supporting documents. Depending on the applicable procedure and circumstances of the application, the executor may be required to attend before the Court or Registrar and provide further information or clarification.
If the application and supporting documents are in order and the relevant requirements have been satisfied, the Court may grant probate to the executor.
The sealed Grant of Probate provides the executor with the legal authority to proceed with the administration of the deceased’s estate.
4. Administer the Estate and Settle Liabilities
Obtaining the Grant of Probate does not necessarily complete the estate administration process.
After receiving the grant, the executor may use it when dealing with banks, financial institutions, land matters, investments and other assets belonging to the deceased.
The executor is also responsible for identifying and dealing with the deceased’s outstanding debts and liabilities before distributing the estate to the beneficiaries.
Proper records should be maintained of money received, liabilities paid and other transactions carried out in administering the estate.
5. Distribute the Estate to the Beneficiaries
After the relevant liabilities and administration matters have been dealt with, the executor can proceed with the distribution of the remaining estate to the beneficiaries in accordance with the terms of the Will.
Depending on the assets involved, this may include transferring property, releasing funds from bank accounts, dealing with investments or transferring other assets to the beneficiaries.
The executor should maintain proper records of the administration and distribution of the estate, including payments made and assets transferred to the beneficiaries.
Once the necessary administration and distribution have been completed, the executor’s duties in administering the estate can generally be brought to a conclusion.
When Is a Grant of Probate Required?
A Grant of Probate will generally be relevant where:
- The deceased left a valid Will.
- An executor was appointed under the Will.
- The deceased owned assets that require formal legal authority before they can be transferred or released.
- The executor needs to administer and distribute the estate according to the Will.
Whether a grant is required may also depend on the type and value of the assets involved and the requirements of the institution holding those assets.
Grant of Probate Application in Malaysia
A Grant of Probate application is generally made to the High Court by the executor appointed under the deceased’s Will.
Before commencing the application, it is important to identify the deceased’s assets and liabilities and obtain the relevant supporting documents.
The application ordinarily involves preparing the necessary court documents and affidavits, filing them with the court and complying with any further requirements before the Grant of Probate is issued.
Every estate is different. The documents and additional steps required may therefore vary depending on the circumstances of the deceased and the assets forming part of the estate.
Grant of Probate Malaysia Procedure-Summary
The Grant of Probate procedure in Malaysia generally involves:
- Reviewing the original Will and confirming the executor.
- Obtaining the deceased’s death certificate and relevant supporting documents.
- Identifying the assets and liabilities forming part of the estate.
- Preparing the necessary probate application and affidavits.
- Filing the application with the High Court.
- Attending to any queries or further requirements raised during the application.
- Obtaining the sealed Grant of Probate.
- Using the grant to administer the deceased’s assets and subsequently distribute the estate according to the Will.
The exact procedure may differ where there are issues concerning the Will, executor, beneficiaries or assets of the estate.
Documents Commonly Required for a Grant of Probate Application
The documents required will depend on the particular estate, but commonly include documents relating to:
- The deceased’s death.
- The original Will.
- The executor named in the Will.
- Beneficiaries.
- Property and land.
- Bank accounts and fixed deposits.
- Shares and investments.
- Other assets belonging to the deceased.
- Outstanding liabilities of the estate.
It is useful to gather information concerning the deceased’s assets at an early stage so that the estate can be properly identified for the probate application.
Grant of Probate Cost and Fees in Malaysia
The cost of obtaining a Grant of Probate can vary from one estate to another.
Factors that may affect Grant of Probate fees in Malaysia include the complexity of the estate, the number and nature of the assets, the documents available, whether additional applications are required and whether any unusual issues arise during the probate process.
There may also be legal fees and other expenses or disbursements associated with the application and subsequent administration of the estate.
For this reason, it is preferable for the circumstances and documents of the estate to be reviewed before the applicable fees are determined.
Difference Between Grant of Probate and Letters of Administration
The main difference between a Grant of Probate and Letters of Administration is whether the deceased left a valid Will and who receives the legal authority to administer the estate.
A Grant of Probate generally applies where the deceased left a valid Will and an executor named in that Will applies for authority to administer the estate.
Letters of Administration generally become relevant where a person dies without leaving a valid Will and an appropriate person applies to be appointed as administrator of the estate.
Although both processes concern the administration of a deceased person’s estate, the legal procedure and documents required are different.
Learn more: Letters of Administration in Malaysia
Resealing of Grant of Probate in Malaysia
A person may have obtained a Grant of Probate or similar representation from a court outside Malaysia while the deceased also owned assets located in Malaysia.
In appropriate circumstances, it may be possible to apply for the resealing of a Grant of Probate in Malaysia, allowing the foreign grant to be recognised for the purpose of administering Malaysian assets.
Whether resealing is available depends on matters including where the original grant was issued and the circumstances of the estate. The foreign grant and supporting documents should therefore be reviewed before determining the appropriate Malaysian procedure.
Obtaining a Copy of a Grant of Probate
There may be circumstances where an executor, beneficiary or other interested party requires a copy of a Grant of Probate that has already been issued.
The appropriate method of obtaining a copy will depend on the circumstances, including where the probate application was filed and the type of copy or court document required.
If the original grant is unavailable or a further copy is required for dealing with an estate asset, the relevant court records and requirements may need to be considered.
How a Probate Lawyer in Malaysia Can Assist
Probate involves more than simply obtaining a court document. The executor has responsibilities when identifying the estate, dealing with assets and liabilities and ultimately distributing the estate to the beneficiaries.
Our firm can assist with matters including:
- Reviewing the Will and relevant estate documents.
- Advising on the appropriate probate procedure.
- Preparing and filing the Grant of Probate application.
- Preparing the necessary affidavits and supporting documents.
- Attending to court requirements relating to the application.
- Obtaining the Grant of Probate.
- Advising on subsequent estate administration matters.
Where the circumstances indicate that Probate is not the appropriate procedure, we can also advise on other estate administration processes such as Letters of Administration or small estate and land matters.
Frequently Asked Questions
What is a Grant of Probate?
A Grant of Probate is a court document confirming the authority of the executor named in a valid Will to administer the deceased person’s estate.
Who applies for a Grant of Probate in Malaysia?
The application is generally made by the executor appointed under the deceased’s Will.
Can an executor deal with the estate before obtaining Probate?
This depends on the asset concerned, but banks, land matters and other asset holders may require the executor to produce the relevant legal authority before assets can be released or transferred.
What is the difference between Probate and Letters of Administration?
Probate generally applies where the deceased left a valid Will and an executor has been appointed. Letters of Administration generally apply where the deceased died without a valid Will and an administrator must be appointed.
How much are Grant of Probate fees in Malaysia?
The total cost depends on the circumstances and complexity of the estate, the work required and applicable expenses or disbursements. The estate should be reviewed before the applicable legal fees are determined.
Can a foreign Grant of Probate be used in Malaysia?
A foreign grant cannot simply be assumed to operate in Malaysia. Depending on where it was issued and the circumstances of the estate, an application for resealing or another appropriate procedure may be required.
Contact Our Probate Lawyer in Malaysia
If you have been appointed as an executor under a Will or need assistance administering the estate of a deceased family member, The Law Chambers of Gurvin can advise you on the appropriate legal process.
We assist clients with Grant of Probate applications in Malaysia, estate administration and related succession matters, including situations involving Malaysian property, bank accounts and other assets.
Contact our firm to discuss the estate and the documents required for the next step.