Grant Of Probate

What Is Grant Of Probate?

When someone passed away with a valid Will, the executor named in the Will needs to execute the Will by applying to the High Court of Malaya for the Grant of Probate. All assets and bank accounts of the deceased will be froze upon notice of deceased passing to avoid fraud. 

Grant of Probate is issued by the High Court to the named Executor(s) in a Will. Once the Grant of Probate has been issued, the Executor(s) named in the Will is authorised to administer the estate.
Process Of Grant Of Probate (Generally, the Grant of Probate will take 3-6 months for the entire process. ):
1. In the application of Grant of Probate, there must be a list of assets and list of liabilities of the deceased. 
2. After getting the Grant of Probate is obtained, the Executor can start collecting all deceased’s assets based on the list of assets.
3. Upon collecting all the deceased's assets, the Executor has to settle all the debts and liabilities based on the list of liabilities. Valid receipts for all payment of debts and liabilities shall be recorded and furnished to.
4. Upon settlement of the deceased’s debts and liabilities, Executor shall then distribute the remaining assets to the beneficiaries in accordance with the terms of the Will. 
5. It is important that the Executor must prepare the account and keep the account after the distribution is done for future reference. 

Document Needed For Application Of Grant Of Probate

When making an application for a Grant of Probate to the High Court, the following documents are required:

1. Original copy of death certificate;
2. The original copy of Will;
3. Identity card (NRIC) of the Executor;
4. List and identity cards (NRIC) of the Beneficiaries;
5. List of assets of the deceased;
6. List of liabilities of the deceased; and
7. Any other documents that the lawyer required from time to time.

Challenges When Applying For A Grant Of Probate

Document not complete
All necessary documents needed for application for Grant of Probate must be ready. Most of the time, the Executor cannot find the original copy of the Will and original document for the deceased’s assets, especially the original title of the property.

Original Will is lost or cannot be found
In the event the original Will is lost or cannot be found, then the executor cannot proceed with application of Grant of Probate as the Will shall be deemed to be invalid and the estate of the deceased shall be distributed in accordance with the Distribution Act 1958.

Dispute on the Will
Potential legal disputes over the Will if someone challenges the validity of the Will. Legal disputes will ruin family relationships and it is costly. If there is a dispute, the court will allow the assets to be distributed until the dispute is resolved. 

Why Us?

We provide professional and efficient service.

Application for Grant of Probate is not an easy process and it is complicated. Michael Tie & Co estate planning lawyer will advise Executor his or her roles and responsibilities as Executor of the Will to avoid personal liabilities.

Case analysis service

In the event you wish to apply for Grant of Probate or Letter of Administration, our Estate Planning lawyers will examine your case by perusing all information and document furnished by you and our Estate Planning lawyers will then advise you on the entire process of the application and your obligations and responsibilities as Executor or Administrator of the estate of the deceased. 

Our charging method is simple, transparent and clear.

Related Services

Letter Of Administration

Letter of Administration is a form of declaration or order issued by the High Court when an individual passed away without a valid Will. 
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