A grant of probate in Malaysia is an important document to ensure that the deceased’s estate is managed and distributed properly after the death.
This article explains the process of applying for a grant of probate (‘GP’), the time required, and the related fees.
Understanding Grant of Probate in Malaysia and Eligibility
When someone asked about the ‘grant of probate meaning’, a grant of probate is an order issued by the High Court of Malaya according to the succession laws, that is the Probate and Administration Act 1959 that allows the executors (up to 4 people) to handle the estate administration of a deceased’s estate.
This grant is necessary for carrying out the wishes of the deceased by distributing the assets to the intended beneficiaries.
Before one applies for a grant of probate in Malaysia, the estate must meet the following requirements:
The deceased must have left a valid will that complies with Wills Act 1959 namely :
(a) it is made by a non-Muslim who must be at least 18 years old
(b) it is in writing
(c) signed by the testator and witnessed by at least 2 others.
The deceased has appointed at least 1 executor in the will.
Steps to Obtaining a Grant of Probate in Malaysia
The steps involved in obtaining a grant of probate Malaysia and estate management usually are as follows:
1. Identify the executor
This is the person(s) named in the will, who can be the sole executor or joint executors and are usually chosen by the deceased amongst his family members. The executor is responsible for the administration of the deceased’s estate.
2. Applying to the probate courts
The next step of the probate process is for the proving executor or the appointed lawyer to apply for a grant of probate from the High Court of Malaya to administer the deceased person’s estate.
The probate application process follows the legal procedure, that is the Rules of Court 2012. With this, the executor needs to prepare a set of documents for the application as follows:
Identity card/passport of the executor
Beneficiaries’ identity cards and birth certificates (if applicable)
Death certificate of the deceased
Original copy of the will
List of assets and documents showing property ownership such as land titles, bank account statements, and stock account statements.
List of liabilities and documents showing debts such as home loan statements (there is no estate duty and inheritance taxes in Malaysia)
3. Court hearing
The High Court will review the submitted documents and fix a hearing date. On the hearing day, the executor should attend and bring along the original will.
The probate officer, that is the court’s Registrar may ask the executor questions on the estate claim. If the documents are in order and proper, the court will grant the probate order.
4. Estate Administration: Paying Debts and Distribute the Estate
After the extraction of the grant of probates from the court, the estate administration process continues by the executor using part of the deceased assets to pay off the debts and liabilities of the estate. This is to ensure that there won't be any future estate claim on the assets; causing a contentious probate proceeding.
After that, the executor can transfer and make distribution of the remaining assets to the rightful beneficiaries according to the wishes of the deceased. The beneficiary usually includes family members.
After the distribution to the rightful heirs, the grant of probate Malaysia procedure is then complete. It is recommended that the executor keep proper documentation and account of all the dealings on the deceased’s estate.
What if there is no valid will?
If the deceased dies intestate (no will), then one of the interested persons in the estate (usually one of the next-of-kin of the deceased) can apply to be the administrator and for an order to administer the estate as follows:
Small estate distribution
By applying to the District Land Office where one of the immovable properties of the estate is located and it is a ‘small estate’. Under Section 3(2) of the Small Estates (Distribution) Act 1955, a 'small estate' is defined as an estate that:
"includes wholly or partly immovable assets situated in Malaysia, with or without movable property, where the gross value of the person's assets does not exceed RM2 million".
Summary administration
By applying to Amanah Raya Berhad (‘ARB’) and ARB can administer the estate as if a letter of administration has been granted under the Public Trust Corporation Act 1995.
However, this only applies when the estate value does not exceed RM 600,000.00 and it only consists of movable property.
Letter of administration (LA)
By applying to the High Court of Malaya for a letter of administration. The next-of-kin can apply for this when it is not a ‘small estate’, that is the total value of the assets is more than RM 2,000,000-00.
After the grant, the administrator can pay off the debts of the deceased estates and then carry out the distribution of the estate assets to the rightful beneficiaries according to the applicable intestate succession laws. For non-Muslims, the related law is the Distribution Act 1958.
Probate Timescale
The timeline to get a grant of probate in Malaysia depends on the estate's complexity and the court's schedule. Generally, it takes between three and five months to get a grant of probate in Malaysia. After getting the grant, the period of administering the estate depends on the asset's type and amount.
If any immovable property such as land is involved, it will take longer, as property transfer takes a few months to register. And the more assets there are, the more time it will take to administer the deceased estate.
Engaging Lawyer and Fees
There are few estate administration fees to get a grant of probate in Malaysia. This includes legal fees, disbursements, and court filing fees. Generally, the total charges start from a few thousand ringgit.
While grant of probate legal fees can be considered as one of the factors in hiring a lawyer, you should also consider the following in choosing a probate lawyer.
Experience: Choose a lawyer experienced in applying for a grant of probate in Malaysia so they can help you through the process.
Reputation: Check the reviews of past clients of the lawyer to ensure they are professional in providing the services.
Communication: Choose a lawyer who communicates clearly and keeps you updated throughout the process.
Transparency in Fees: It's essential to discuss the lawyer's fee structure upfront to avoid any misunderstanding later.
If you are looking for a lawyer firm in Kuala Lumpur for legal advice or help, do contact us and we will assist you.
Conclusion
Getting a grant of probate Malaysia in Malaysia is important to ensure the deceased assets can be distributed to the intended legal heirs. If you like to seek legal advice on the probate matters, you can contact us. Our lawyers will assist you.
Frequently Asked Questions
1. How much does probate cost in Malaysia?
The cost of applying for a grant of probate in Malaysia depends on the estate's complexity. The charges usually include court filing fees, legal fees, and disbursements, starting at a few thousand ringgit. You can contact us to get a quote.
2. What documents are required for a grant of probate?
The documents usually required are the original will, death certificate, and identity card of the executors, and beneficiaries. Some others include a list of assets and liabilities and documents showing ownership and debts.
3. Do I need a lawyer for a grant of probate?
Yes. It is advisable to engage a lawyer to apply for a grant of probate in Malaysia as the procedures can be complex.
4. Is there a time limit to apply for grant of probate in Malaysia?
There is no time limit for obtaining a grant of probate or letters of administration in Malaysia. However, it is recommended to do so within 3 years from the deceased’s death which if after that, then the executor will have to explain the reasons for the delay.
