INTRODUCTION
For families dealing with the loss of a loved one, obtaining a Grant of Probate in Malaysia is a crucial step to legally administer the deceased’s estate according to their will. This legal process can seem daunting, which is why our experienced probate lawyers at Chambers of S. Sakthi in Malaysia are here to guide you every step of the way. We provide personalised support in multiple languages and strive for fast, efficient results, making it easier for you to apply for probate and settle your loved one’s affairs with peace of mind.
What is a Grant of Probate?
In Malaysia, a Grant of Probate is a legal document issued by the High Court that officially appoints the executor named in a deceased person’s will to administer the estate. In other words, it confirms that the will is valid and gives the executor the legal authority to manage and distribute the deceased’s assets according to the will’s instructions. Banks, land offices, and other institutions will require the Grant of Probate before releasing funds or transferring ownership of assets. This process only applies when the deceased left a valid will (i.e. died testate); if there is no will, a different procedure (applying for Letters of Administration) is required instead.
Note: Grant of Probate (under the civil Wills Act 1959) generally applies to non-Muslim estates in Malaysia (Peninsular Malaysia and Sarawak). Muslim estates are governed by Islamic inheritance law (Faraid) and managed through the Syariah Court system, which involves a different process.
Why Do You Need a Grant of Probate?
When a loved one passes away leaving a will, the executor named in that will must obtain a Grant of Probate to carry out their duties. Simply having the will is not enough for banks, property registries, and other authorities — they will ask for this court-issued document before allowing access to funds or the transfer of any assets. In Malaysia, obtaining probateis the only way to legally empower the executor to collect the deceased’s assets, pay any outstanding debts or taxes, and distribute the estate to the beneficiaries as specified in the will.
Without a Grant of Probate, the executor has no legal authority to act and the estate’s assets remain effectively frozen. For example, bank accounts stay inaccessible and property cannot be sold or transferred until probate is granted by the High Court. If you are named as an executor in a will, you will need to apply for probate through the High Court in order to settle the estate properly.
How to Apply for a Grant of Probate in Malaysia
Applying for a Grant of Probate in Malaysia involves preparing the right documents and following a specific legal procedure through the High Court. While our probate lawyers will handle most of the heavy lifting for you, it’s useful to understand the general steps involved:
First, obtain the official Death Certificate of the deceased from the National Registration Department. This is a required document for any probate application.
Locate the original copy of the deceased’s will. Ensure that the will is valid – it should be signed by the deceased and witnessed according to legal requirements. If the will is written in a language other than English or Bahasa Malaysia, you will need to get a certified translation. It’s also wise to make a few certified copies of the will for the application process.
Compile a detailed list of the deceased’s assets and liabilities. This includes bank accounts, properties, vehicles, investments, and any outstanding debts or obligations. Gather supporting documents for these items (for example, bank statements, land titles, EPF/KWSP statements, insurance policies, loan documents) as they will be needed to support the application and to value the estate.
An experienced probate lawyer in Malaysia will prepare the necessary court papers and file the probate application at the High Court. This includes drafting an Originating Summons (in the prescribed Form 6 under the Probate and Administration Rules) and a supporting affidavit (Form 159) to submit to the court. The affidavit will contain information about the deceased, the executors, the beneficiaries, and a summary of the estate’s assets and liabilities. All the documents gathered in the earlier steps (death certificate, will, asset list, etc.) will be exhibited or attached to these court papers. Once everything is in order, your lawyer will file the application at the High Court registry to start the probate process.
After filing, the case will be reviewed by a Registrar at the High Court. In many cases, the executor (or the lawyer on their behalf) may need to attend a short hearing or interview with the Senior Assistant Registrar. The court will verify that the application is in order and may ask for clarifications about the estate or the will. If everything is satisfactory and no caveat or objection has been lodged by any other party, the court will approve the application.
Once approved, the High Court will issue the sealed Grant of Probate. This document officially empowers the executor to act. With the Grant of Probate in hand, the executor can now legally collect and manage the deceased’s assets – for example, closing bank accounts, selling or transferring property, and settling any liabilities. The executor can then distribute the remaining assets to the beneficiaries according to the will’s instructions, completing the estate administration process. (Your lawyer can guide and assist you through these final steps to ensure all legal requirements are met.)
The entire process from filing to obtaining the Grant of Probate typically takes a few months if the estate is straightforward. Our firm’s proactive approach – from prompt document preparation to diligent follow-up – helps to minimise delays wherever possible.
Why Choose Chambers of S Sakthi for Probate Matters?
We understand that dealing with a loved one’s estate can be emotionally challenging. Our lawyers take the time to understand your unique situation and provide one-on-one guidance throughout the probate process. You will receive compassionate, personalised attention, and we will keep you informed at every stage, ensuring you feel comfortable and supported.
Communication is key in legal matters. Our team is fluent in multiple languages — including English, Bahasa Malaysia, and Tamil (among others) — so you can discuss complex issues in the language you’re most comfortable with. We also ensure that all important documents and court filings are clearly explained or translated for you, bridging any language gaps in understanding.
At Chambers of S. Sakthi, we prioritise efficiency. We know you want to settle the estate as quickly as possible. Our probate team works diligently to prepare your application without delay, and we leverage our experience with court procedures to avoid common pitfalls. By filing documents correctly the first time and promptly addressing any court queries, we aim to secure your Grant of Probate in the shortest time frame achievable.
With years of experience handling probate and estate administration cases across Malaysia, our lawyers have in-depth knowledge of the Probate and Administration Act 1959 and related laws. We have successfully obtained Grants of Probate (as well as Letters of Administration for intestate estates) for numerous clients.
After filing, the case will be reviewed by a Registrar at the High Court. In many cases, the executor (or the lawyer on their behalf) may need to attend a short hearing or interview with the Senior Assistant Registrar. The court will verify that the application is in order and may ask for clarifications about the estate or the will. If everything is satisfactory and no caveat or objection has been lodged by any other party, the court will approve the application.
Once approved, the High Court will issue the sealed Grant of Probate. This document officially empowers the executor to act. With the Grant of Probate in hand, the executor can now legally collect and manage the deceased’s assets – for example, closing bank accounts, selling or transferring property, and settling any liabilities. The executor can then distribute the remaining assets to the beneficiaries according to the will’s instructions, completing the estate administration process. (Your lawyer can guide and assist you through these final steps to ensure all legal requirements are met.)
The entire process from filing to obtaining the Grant of Probate typically takes a few months if the estate is straightforward. Our firm’s proactive approach – from prompt document preparation to diligent follow-up – helps to minimise delays wherever possible.
Choosing the right probate lawyer in Malaysia can make a significant difference in how smoothly and quickly your probate application is completed. Chambers of S. Sakthi is committed to providing reliable, client-focused service to help you navigate this legal journey with minimal stress.
Frequently Asked Questions (FAQ) on Grant of Probate
A Grant of Probate is an official court order that authorises an executor to administer the estate of a deceased person according to their will. It is required when someone dies leaving a valid will, and the executor named in that will needs legal proof of their authority to act. In simple terms, if you are appointed as an executor in a loved one’s will, you will need to obtain a Grant of Probate from the High Court before you can collect assets, pay debts, or distribute property to the beneficiaries.
Both a Grant of Probate and a Letter of Administration are types of court grants that allow the management of a deceased person’s estate, but they apply to different situations. A Grant of Probate is issued when the deceased left a will and an executor is named in that will – it “proves” the will and authorises the executor to act. In contrast, Letters of Administration are applied for when there is no valid will (the person died intestate) or if no executor was appointed (or the named executor cannot act). In an intestacy, a closest next-of-kin (for example, a spouse or child of the deceased) typically applies to be the administrator of the estate. The court will then issue Letters of Administration to appoint that person as the estate’s administrator, giving them similar authority to an executor. The processes for Probate and Administration are similar in many respects, but an application for Letters of Administration may require additional steps, such as getting consent from other family members and providing two sureties (guarantors) to safeguard the estate’s distribution. Chambers of S Sakthi can assist with both Grant of Probate and Letters of Administration applications, guiding you on the correct path based on whether or not a will exists.
You will need to prepare several important documents when applying for probate. The key documents include:
Death Certificate of the deceased: The original Death Certificate (and a few certified copies) will be required by the court to verify the death.
Original Will: The original last will and testament of the deceased must be submitted to the court. If the will is not in English or Malay, an official translated copy (certified by a qualified translator or verified by affidavit) will also be needed.
Identification Documents: Copies of the identification cards or passports of the executor (applicant) and the beneficiaries may be required for the court forms and affidavits. These prove the identities and relationships of the parties involved.
List of Assets and Liabilities: A comprehensive list detailing all the assets of the deceased (such as bank accounts, fixed deposits, real estate, vehicles, shares, EPF/KWSP, insurance policies, etc.) and any outstanding liabilities (loans, debts, taxes due). Include supporting documents like bank statements, property titles, or loan statements if available.
Supporting Affidavits and Forms: Your lawyer will prepare the necessary court forms, such as the Originating Summons and affidavits (including an executor’s oath or an affidavit of execution of the will). These documents will contain information about the deceased’s particulars, the family members, and a confirmation that the attached will is the last known will of the deceased.
Having these documents ready will make the probate application process smoother. Your lawyer will guide you on any additional documents specific to your case.
The timeline can vary depending on the complexity of the estate and the court’s schedule, but typically it takes about 3 to 6 months to obtain a Grant of Probate in Malaysia for a straightforward case. Once the application is filed in the High Court, the review and issuance process can be as quick as a few months if all documents are in order and there are no objections. However, more complex estates or any disputes (for example, if someone contests the will or raises a caveat) can extend the timeframe, sometimes to a year or more. Working with an experienced probate lawyer and ensuring all paperwork is correct from the start will help avoid unnecessary delays. At Chambers of S. Sakthi, we do our best to expedite the process by promptly addressing any queries from the court and keeping close track of your application’s progress.
The cost of obtaining a Grant of Probate in Malaysia generally includes court fees and legal fees. Court filing fees and stamp duties for probate are relatively nominal (often a few hundred Ringgit, depending on the estate’s value and the number of certified copies of the grant you need). The main cost is the professional legal fees for handling the application. Legal fees can vary depending on the complexity and size of the estate, as well as the work involved in preparing documents and liaising with the court. At Chambers of S. Sakthi, we provide transparent fee structures and will explain the expected costs during our initial consultation. Note: Malaysia does not impose any inheritance tax or estate duty at this time, so you do not have to worry about a tax payment for the estate transfer itself. However, any unpaid taxes owed by the deceased or other obligations (like outstanding loans) would still need to be settled from the estate funds.
It is highly recommended to engage a lawyer when applying for a Grant of Probate in Malaysia. While it is legally possible for an executor to attempt the application on their own, the probate process involves technical legal paperwork, specific formats, and procedural steps that can be challenging without legal expertise. Mistakes in the application can lead to delays or even rejections by the court, prolonging the time before the estate can be administered. A probate lawyer will ensure that all documents (such as affidavits and court forms) are correctly prepared and filed, and will address any issues the court might raise. They will also represent you in any necessary court hearings. In short, having an experienced probate lawyer by your side streamlines the process and gives you peace of mind that everything is handled properly and in accordance with Malaysian law.
Yes, under certain circumstances, a Grant of Probate can be challenged or even revoked by the court. Some common scenarios include:
Dispute over the Will’s Validity: If someone believes the will is not valid – for example, they claim the deceased lacked mental capacity when making it, or that the will was forged or made under undue influence – they can file a caveat or initiate a court challenge. The probate process would be put on hold until the dispute is resolved. If the court eventually rules that the will is invalid, the Grant of Probate would not be issued (or if already issued, it can be nullified) and the estate might then be administered under intestacy rules instead.
Discovery of a Later Will: If a newer, legitimate will comes to light after a Grant of Probate has been issued on an older will, an interested party can apply to revoke the existing grant in favour of the later will. The most recently dated valid will generally takes precedence in Malaysian law, so the court will typically revoke the earlier grant and issue a new one for the latest will.
Executor Issues: If the executor who obtained the Grant of Probate is failing to carry out their duties properly or is unfit (for instance, mismanaging the estate or not following the will’s instructions), beneficiaries can apply to the court to have the executor removed. The court can revoke the original Grant of Probate and issue a new grant (often a Letter of Administration with the will annexed) to appoint a replacement administrator who will complete the estate administration.
Such challenges are not very common in straightforward cases. By ensuring the will is valid and all interested parties are notified appropriately, most Grants of Probate are obtained without objections. If you suspect there might be a dispute or you have concerns about the will, consult our lawyers for advice. We can help by taking preventive steps (like obtaining signed consents from beneficiaries or notifying all next-of-kin) to minimise the risk of any challenge to the probate.