Probate & Estate Administration Services in Malaysia
Practical legal assistance for probate, letters of administration and estate administration matters, including applications to the High Court and the subsequent administration of estate assets.
How We Can Assist
We assist executors, administrators and family members with the legal process required to obtain authority to administer an estate and complete the relevant estate administration matters.
Grant of Probate
Assistance with applications for a Grant of Probate where the deceased left a valid will and appointed an executor.
Letters of Administration
Assistance with applications for Letters of Administration where the deceased died without a valid will or where no executor is able to act.
Transfer of Estate Properties
Assistance with the transfer and registration of estate properties to beneficiaries after the relevant grant has been obtained.
Resealing of Foreign Grants
Assistance with applications to reseal qualifying foreign grants in Malaysia for the administration of Malaysian estate assets.
Deed of Family Arrangement
Assistance with documenting agreed arrangements among beneficiaries concerning the distribution of estate assets, where legally appropriate.
Advice on Executors & Administrators
Practical advice on the duties, responsibilities and legal steps involved in administering a deceased person’s estate.
The Probate & Estate Administration Process
The process depends on whether the deceased left a valid will, the nature of the estate assets and the requirements applicable to the application. We guide you through each stage from the initial review to the administration of the estate.
Initial Review & Documents
We review the deceased’s will, family circumstances and estate assets, and identify the appropriate application and documents required.
Application & Court Process
We prepare the relevant cause papers, file the application with the Court and attend to the necessary procedural requirements.
Grant & Estate Administration
After the grant is obtained, we assist with the necessary steps to administer, transfer and distribute the estate assets.
Frequently Asked Questions
Answers to some common questions about probate, letters of administration and estate administration in Malaysia.
A Grant of Probate is the Court order that authorises an executor named in a valid will to administer the deceased’s estate.
Letters of Administration are generally required where a person dies without a valid will, or where there is no executor able to act.
Probate usually applies where the deceased left a valid will and appointed an executor. Letters of Administration generally apply where there is no valid will or no executor able to act.
The application is generally made by the executor or executors named in the deceased’s will, subject to the applicable legal requirements.
The appropriate applicant depends on the deceased’s family circumstances, beneficiaries and the applicable rules governing entitlement to administer the estate.
The documents required depend on the estate, but commonly include the death certificate, original will where applicable, identification documents, information on beneficiaries and details of the deceased’s assets and liabilities.
The timeline depends on the complexity of the estate, completeness of the documents, Court scheduling and whether any additional issues arise during the application.
The Court may require the executor or applicant to attend a hearing or otherwise comply with procedural requirements depending on the application.
The executor or administrator can then proceed with the administration of the estate, including collecting assets, settling liabilities and transferring or distributing assets to beneficiaries.
Depending on the circumstances and the relevant documentation, estate properties may be transferred to beneficiaries after the appropriate grant has been obtained and the necessary administration requirements have been fulfilled.
A Deed of Family Arrangement may be used in appropriate circumstances to document an agreed arrangement among beneficiaries concerning the distribution of estate assets.
In appropriate cases, a qualifying grant obtained outside Malaysia may be resealed in Malaysia so that it can be used for the administration of relevant Malaysian estate assets.
The treatment of those assets depends on the terms and construction of the will, including whether there is an effective residuary clause. Specific legal advice should be obtained based on the will itself.
Yes, an application may still be possible, although the delay may need to be explained and additional issues may arise depending on the circumstances.
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What Our Satisfied Clients Say
Need Assistance with Probate or Estate Administration?
Contact our team to discuss the estate, the appropriate application and the next steps required to administer the deceased’s assets.