Grant of Probate Malaysia

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A Grant of Probate Malaysia is a legal document issued by the High Courts of Malaysia, which appoints an executor (maximum of 4 executors if acting jointly) to manage and distribute the estate of the testate (the deceased’s will).

 

The word “probate” means to establish or prove the validity of a Will. When the non-Muslim Malaysian dies, his or her estate is then frozen. This means his or her bank accounts and all other assets and properties cannot be transferred, sold or cashed until estate administration is complete. If the deceased has left a Will, the executor named in the Will, can apply, with the assistance of our probate lawyer, for a grant of probate to the High Court in Malaysia. This is a straightforward case without complications. Once the application is made, it will be considered by the High Court at a hearing. A Grant of Probate (GP) is issued and the estate administration can be undertaken.

 

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How to Apply for a Grant of Probate Malaysia

Application for a Grant of Probate Malaysia though straightforward, can take about 3-6 months. A fee of about RM1500 is required to apply for a Grant of Probate. The documents required are as follows:-

  • Death Certificate
  • Executor’s Identity Card
  • Identity cards of beneficiaries
  • Original copy of Will
  • Land Titles/evidence of property ownership
  • Home loan statements (if applicable)
  • Bank account details of deceased
  • Documentation of any other assets
  • Documentation of any liabilities or debts

Our team of probate lawyers offer our services in helping our clients to apply to the High Court for the Grant of Probate. The executor named in the Will of the deceased can then proceed to distribute the estate of the deceased according to the Will. Should the executor withdraw or be unable or incapacitated to manage the estate, the Court would grant a Letter of Administration with a Will Annexed, appointing administrators to the estate under the provisions of the Probate and Administration Act 1959. You can be assured that our probate lawyers will expedite your application efficiently and to your satisfaction. If you need assistance, feel free to get in touch with us today.

Legal Terms Used in Grant of Probate Malaysia

Listed below are the meanings of some important legal terms used in the Grant of Probate Malaysia:-

 

  • testator – the person who writes a will or the deceased whose estate is to be distributed.
  • executor – the person named in the Will. Upon the testator’s death, the executor will ensure that the wishes of the deceased are followed exactly.
  • administrator – the person to administer the estate if no executor of the Will is named.
  • intestate – the deceased died without making a Will.
  • testate – the deceased has made a Will.
  • movable assets – cash in hand, savings in the banks, shares, vehicles, jewelleries, valuable goods, etc.
  • immovable assets – land and buildings, all types of real properties including residential, commercial, industrial or agricultural.
  • intellectual properties – copyrights, trademarks, patents or trade secrets.
  • digital inheritance – cryptocurrencies, websites and NFTs.
  • estate administration – the process of determining the rights and legal transfer of ownership of all possessions and assets upon the death of the testator.

Summary for Grant of Probate Malaysia

Applying for the Grant of Probate is the most straightforward procedure and it takes the shortest time but it is only possible if the deceased has left a valid Will. The procedure for the release of the deceased’s estate in Malaysia depends entirely on whether there is a Will as well as on the value of the estate.

On the other hand, if there is no Will, the distribution of the deceased’s estate becomes very complicated and takes a much longer time to settle the estate.

Basically, estate administration is very important to ensure that the right family members or heirs receive your assets according to your wishes.

In conclusion, having proper estate planning or having your Will made is utmost important. Not having a Will may lead to complications, disagreements and even family feud.

It is advisable to consult our probate lawyers to discuss your case and provide for the necessary submissions. Our lawyers can prepare for you a Will to distribute your assets according to your wishes and to safeguard your loved ones. We take the time to listen and explain the legal implications of your plans for your estate. If you need any legal advice, please do not hesitate to contact us.

Our Services

Our panel of qualified, experienced and professional probate lawyers specialise in speeding up the process of the Grant of Probate application. We provide a wide range of legal services and support including the following:-

  • providing advice on the terms and restrictions stipulated in Wills.
  • providing advice on the fiduciary duties and responsibilities of an executor in the management and distribution of the inheritance.
  • advising benficiaries of the estate regarding their rights.
  • apply to the Malaysian High Court for the Grant of Probate.

Why Choose Us for Grant of Probate Malaysia

  • Professionalism

Our probate lawyers conduct our legal duties with professionalism. All information given by our clients will be kept strictly confidential. All cases will be handled professionally and efficiently.

  • Experienced and reliable service

We are a trusted law firm with highly qualified and experienced lawyers giving you reliable legal service which you can trust. We specialize in Will writing, Grant of Probate and Letter of Administration application.

  • Speed

We have a proven track record of settling clients’ cases fast and efficiently. All our clients have expressed their satisfaction concerning our service.

Contact us today to get legal advice from us.

Need A Consultant?

Need professional advice on the Grant of Probate? Contact us now. We are an experienced panel of probate lawyers and we will assist and guide you in your application for the Grant of Probate to manage and distribute the inheritance of the deceased according to the wishes of the deceased.

Call us or Whatsapp us now – click on the green Whatsapp button on the bottom right of the page to Whatsapp us!

Frequently Asked Questions (FAQ)

  1. My uncle has just passed away. He left behind a valid Will. What must the family members do to get to his inheritance?

Engage our probate lawyer to apply for the Grant of Probate for you.

 

2. What documents are needed to get the Grant of Probate?

The executor must prepare the following documents:-

  • the Death Certificate
  • the original Will
  • the Identity Card of the executor named in the Will
  • the list of immovable properties
  • the list of movable properties
  • the list of digital of digital inheritance (if any)
  • list of assets and liabilities/debts (if any).

 

3. Who is the executor?

The executor is the person named in the Will and he is responsible for distributing the inheritance of the deceased.

 

4. How long will the Grant of Probate application take?

Usually if there are no complications, it will take about 3-6 months.

From Our Clients

The following are some of the complimentary comments from our previous clients:-

“I am very satisfied with their legal service in giving my family sound advice on what to do during the demise of my family member who passed away without making a Will.”

Christopher Liew

“The lawyers are very responsive and helpful to our requests in applying for the Grant of Probate. They expedited the whole process and the ditribution of my father’s estate went on smoothly.”

Chandran

“The probate lawyers are professional, efficient and discreet. Very good service.”

Emily Lau

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