Properties and assets are frozen upon death. Get our FREE quotation (fixed-fee) for application for Grant of Probate if the deceased left behind a valid will.

When a person passes away in Malaysia, all assets such as property, bank accounts, and investments are automatically frozen. Family members cannot deal with the estate until the proper legal process is completed. To move forward, the estate of the deceased must be administered and distributed through the relevant legal procedures.

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What are the ways to administer the estate of a deceased person in Malaysia?

​1. With a Will (Testate Estate)
If the deceased left behind a valid will, the executor named in the will has the duty to carry out the wishes of the deceased. The executor must apply to the High Court of Malaya for a Grant of Probate before managing and distributing the estate.

2. Without a Will (Intestate Estate)
If there is no will, the court will appoint an administrator to handle the estate. This is done by applying for a Grant of Letters of Administration at the High Court of Malaya.

Depending on the estate size, there are also alternative ways to administer the estate without a will:

• Summary administration by Amanah Raya Berhad
• Small estate distribution application under the Small Estates (Distribution) Act 1955

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How are estates distributed after obtaining a Grant of Probate or Letter of Administration?
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• With a Will – The estate will be distributed strictly according to the terms of the will.
• Without a Will – If there is no will, the estate will be distributed according to Section 6 of the Distribution Act 1958 (Act 300).

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Our Legal Services in Probate and Estate Administration

Our services include the following: -

• ​Application for Grant of Probate
• Application for Letter of Administration
• Transfer of properties between spouses
• Transfer of properties between family members
• Transmission of properties​​

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HOW DO WE WORK?
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STEP 1

APPOINTMENT AND DISCUSSION

Upon confirmation of our appointment, we will discuss your matter with you in detail. We will prepare the cause papers and process all the paperwork prior to your signing of documents.​

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STEP 2

SIGNING OF DOCUMENTS

After the documents are prepared, usually within 2 - 4 working days after appointment and discussion, we will make an appointment with you for the signing of documents. The contents of the documents will be explained to you before signing.

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STEP 3

COURT HEARING

Upon the signing of the documents, we will file the same to the court. The court will process the documents and a hearing date will be fixed. Depending on the schedule of the court, the matter will normally be fixed for hearing within 1 week to 4 months after filing.

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STEP 4

COMPLETION

After the hearing of the matter by the court, we will process the remaining paperwork, which will normally involve the filing of the court order and extraction of the same. This would usually take between 1 day - 6 weeks after the court hearing.

WHEN DO I APPLY FOR A grant of probate / GRANT OF letters of administration?

Application for grant of probate is only applicable when the Deceased left a valid will with a valid executor.

If the Deceased did not leave a valid will or left a valid will but not a valid executor, then the application for letters of administration applies here.

How long is the whole process of grant of probate / letters of administration?

Depending on the schedule of the court, the application for grant of probate will generally take 2-6 months where as the application for letters of administration will generally take 4 months to 2 years.

Grant of probate - what are the documents and information needed?

In order to apply for the grant of probate, the beneficiaries must prepare the following documents and information and submit to us for our further action: -

1. the Death Certificate;
   
2. the Original will;
   
3. the NRIC of the Executor(s);
4. the list of immovable properties (houses, offices, shoplots);
5. the list of movable properties (share accounts, bank accounts, vehicles, jewelries);
   
6. the list of assets and liabilities / debts; and
   
7. the list of Beneficiaries.

If my parent left a will, can the beneficiaries decide to distribute the estates in another way?

If the Deceased left a Will, it is generally advisable that the beneficiaries respect the wishes of the Deceased by administering the estates and distributing the properties according to the provision of the Will.

Although the beneficiaries may reach an agreement to distribute the estates not in accordance with the Will, please seek our professional advice (especially on its implication) if the beneficiaries decide not to follow the provision of the Will.

Is it true that a will is invalid upon A marriage/remarriage or A divorce?

Generally your existing Will is revoked and becomes invalid upon your marriage or remarriage. If you do not write a new Will, your estates will be distributed in accordance with the Distribution Act 1958.

However, your existing Will does not become void and will remain valid after your divorce. It is therefore advisable to review your Will after your divorce to ensure that it reflects the change of your marital status.

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