Losing a loved one is undoubtedly one of life’s most challenging experiences. Not only you are coping with the grief and emotions of their passing, but you also have to take care of practical matters, including the legalities of their estate. One crucial step in this process is obtaining a grant of probate Malaysia.
Do you want to know more about the grant of probate and how you can navigate the process? In this guide, we will discuss everything you need to know about the grant of probate in Malaysia. Let’s dive in!
What is a grant of probate?
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person’s will and appoints an executor to manage and distribute their assets according to their wishes. The appointed individual or executor is responsible for collecting and managing the deceased’s assets, paying off any debts or taxes owed, and distributing the assets among the will’s beneficiaries.
Without grant probate, the deceased’s assets may be frozen or tied up in legal proceedings.
Who is eligible for the Application for grant of probate Malaysia?
The executor named in the will or the administrator appointed by the court can apply for the grant of probate. Typically, executors are close family members or friends of the deceased. The Executor must:
· Be 21 years or above
· Not be declared bankrupt or convicted of a crime involving dishonesty
What is the process of applying for the grant of probate?
Before applying for application of grant of probate in Malaysia, the executor must assess the assets and their value to determine if a grant of probate is required. If the assets of the deceased are below a certain threshold, you may not require a grant of probate.
Following garden steps that an executor must follow for a grant of probate:
1. Filling out the application for a grant of probate
In the first step, the executor must obtain the appropriate form from the court and fill it with accurate information. Make sure to attach the following documents before submitting the application to the court:
· Ex parte Originating summons
· Statement for probate
· Death certificate of the deceased
· An original certified copy of the deceased will
· The executor’s identification documents (NRIC or passport)
2. Submitting the required documents
After filling out the application, you will receive a case number and checklist of supporting documents, including:
· Administration oath
· Supporting affidavit
· Schedule of assets
The supporting affidavit should have the following documents:
· List of all the assets and liabilities owned by the deceased
· Statement bearing the court seal
· Muslim inheritance Certificate from the Syariah court (if applicable)
3. Extraction of grant
After the court has received and reviewed your application, it will schedule a hearing to consider the application. If the court is satisfied with all the requirements, It will grant the probate to the executor.
Note: If you want the process of grant probate to be handled efficiently and avoid potential legal issues, it is best to engage with a probate lawyer Malaysia.
How long does a grant of probate take?
Generally, the process of grant of probate takes up to 3 to 6 months. However, it may take longer in case of any issues or disputes arising during the application process.
Common issues and disputes in the grant of probate
Following are some of the common issues that may arise during the grand of probate:
· Disputes over the validity of the will
· Disputes among beneficiaries
· Incomplete or inaccurate information
· Difficulty in locating the assets
· Delays in updating the necessary documents
· Tax issues
Secure your legacy with Mr wills Malaysia!
Are you looking for professional help in estate planning? Mr Wills Malaysia has got your back. With over 10 years of experience in the legal industry, we understand the complexity and emotional burden of dealing with the estate of a loved one. That’s why we offer expert guidance and support for the grant probate process. Our team of qualified probate lawyers Malaysia will work closely with you throughout the process and ensure everything is handled seamlessly.
Get in touch with us today and allow us to handle your legal affairs.