Grant of Probate Malaysia
The Grant of Probate (GP) is an official approval issued by the High Court to the executor or executors (up to 4 individuals if acting jointly) of a will. It grants the executors the legal authority to administer (distribute and manage) the estate of the testator.
The Grant of Probate Malaysia is only applicable for non-Muslims citizens.
What is the process for Grant of Probate?
Upon the death of a person, estate administration determines the rights and legal transfer of ownership to all personal assets and possessions. His or her estate will be frozen until estate administration is complete. To unfreeze the assets, a probate lawyer will have to do his or her part so that assets could be distributed as stated on the will of the deceased.
If a Will exists, the executor named in it will make a grant to the High Court for a Grant of Probate Malaysia. The High Court will consider to grant probate at a hearing after an application is made. Once a Grant of Probate is issued, the estate administration can be executed. The executors will be authorized by the High Court to pay off debts, sell or transfer property and distribute the assets to beneficiaries upon release of the estate. As such, guarantors, sureties or distribution orders are not required.
Application for GP takes about 3 to 6 months with a cost of RM1,500. The documents needed for the application include:
√ Identity card of the executor
√ Beneficiaries’ identity cards
√ Death certificate
√ Original copy of will
√ Home loan statement (if applicable)
√ Land titles/evidence of property ownership
√ Deceased’s bank account details
√ Documentation of debts or liabilities (if any)
√ Documentation of other assets (if any)
After the executor obtains a Grant of Probate, the estate can be distributed in accordance with the will and following all legal procedures.
In the absence of Will, a letter of administration (LA) is needed in replacement for a GP.
If the beneficiaries and/or heirs are fighting over the inheritance, it is advisable to involve a lawyer during the application for Letters of Administration or a Grant of Probate in Malaysia. Having an attorney on your side will help to streamline the procedure, assist with preparing the paperwork and filling in the forms, and will be your advocate during any legal disputes.
How long do you have to file a Probate after death in Malaysia?
There is no set time frame for applications of probate but there are time scales for some of the aspects of the probate.
Inheritance taxes are imperative and need to be completed within 6 months from an individual’s official death date in order for probate courts to issue GP.
It typically takes 4 to 8 months for probates to complete. In the absence of payable inheritance tax, it will take half the time needed to grant probate.
The factors that may affect the probate timescale are:
√ no will
√ the assets’ sizes
√ the type of properties and assets under your name
√ involvement of multiple parties and people
√ when your Will is contested by someone
√ when it involves a property
The reasons why probate can take so long are:
√ legal issues
√ estate complexity
√ inheritance-related issues