In Malaysia, the handling of a deceased person's estate depends on whether they left a valid will. The estate is processed either through the Grant of Probate or the Letters of Administration. Regardless of the chosen path, the estate assets remain frozen until the respective legal document is obtained.
If the will exists, the appointed executors shall responsible for the distribution of the estate. The executors shall apply for a Grant of Probate to High Courts in Malaysia, which would release the estate and authorize the executors to pay off debts, sell or transfer property and distribute the assets to the beneficiaries according to the will.
If there is no will, a family member or any person interested in the deceased estate, can apply for Grant of the Letters of Administration. The procedure for the extraction of the Letters of Administration in Malaysia depends on the type and the value of the estate. The assets of your loved ones would be divided according to the Distribution Act 1958.
Probate vs Letters of Administration in Malaysia
The procedures under the Grant of Probate and Letters of Administration have several key differences, which can be summarized as below:
Grant of Probate The Grant of Probate will be issued by the High Court when there is a valid Will and a proving Executor, who is able, willing, and has the capacity to administer the estate left behind. Probate will be granted to the named Executor(s) in the Will (with a minimum of 1 person up to a maximum of 4 persons acting jointly). Generally, this is the most time and cost-effective grant of representation amongst all... Procedure for the application of Grant of Probate:
If the will exists, the appointed executors shall responsible for the distribution of the estate. The executors shall apply for a Grant of Probate to High Courts in Malaysia, which would release the estate and authorize the executors to pay off debts, sell or transfer property and distribute the assets to the beneficiaries according to the will.
If there is no will, a family member or any person interested in the deceased estate, can apply for Grant of the Letters of Administration. The procedure for the extraction of the Letters of Administration in Malaysia depends on the type and the value of the estate. The assets of your loved ones would be divided according to the Distribution Act 1958.
Probate vs Letters of Administration in Malaysia
The procedures under the Grant of Probate and Letters of Administration have several key differences, which can be summarized as below:
| GRANT OF PROBATE | LETTERS OF ADMINISTRATION |
| The deceased has left a will | The deceased has left no will or there is a will, but the executors are unwilling or unable to fulfil it |
| The estate is administered by executors, defined by the will | The estate is managed by administrators, appointed by the High Courts or other authority in Malaysia upon the application |
| The application for the Grant of Probate is filed to the High Courts in Malaysia by the appointed executors | Any person, who might be interested in the estate, such as next of kin or a creditor, can apply as an administrator |
| The period for extraction of the Grant of Probate in Malaysia can take up to 3-6 months and is generally much shorter and less complicated than that of Letters of Administration | It can take from several months up to several years to extract the Letters of Administration |
| No requirement for sureties or guarantors | Sureties and guarantors who guarantee the estate is properly administered are required |
| No order for distribution of the estate is required | Distribution Order is required for the distribution of the estate |
| APPOINTMENT OF SOLICITOR |
| 1 week |
| EXECUTION OF CAUSE PAPER |
| 1 week |
| FILING OF THE PROBATE APPLICATION TO THE HIGH COURT |
| 1-2 months |
| ATTENDANCE TO THE COURT HEARING |
| 1-2 months |
Issues You Might Face When Applying for a Grant of Probate
Complications may arise if the original will is misplaced or if it is discovered that the will is invalid. It is crucial to familiarize yourself with the criteria for a legally valid will to pre-empt such challenges. Additionally, situations may arise where the validity of a will is contested, hindering the court from proceeding with the allocation of assets. These circumstances have the potential to escalate into legal disputes, straining family relations. To proactively address these issues, it is advisable to engage the services of a probate lawyer in Malaysia. A proficient probate lawyer can provide guidance throughout the will-writing process, ensuring that the document adheres to legal standards. By taking this pre-emptive step, your loved ones can avoid potential complications when seeking a grant of probate in the future, fostering family harmony and mitigating the risk of legal disputes.
US 6098 
BR 4164 
VN 3602 
TH 1223 
AU 1219 
JP 1207 
SG 1171 
CA 655 
