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.