A Grant of Probate is a Court Order issued by the High Court to the executor/executrix named in the deceased’s Will in Malaysia. With the Grant of Probate, the executor/executrix is authorised to administer the estate of the deceased in accordance with the Will. Now, let’s look at the requirements and procedures in applying Grant of Probate in Malaysia.
Requirements
The deceased dies leaving a valid and enforceable Will; and
The executor/executrix is still alive and can be located; or
The trust company who is acting as the executor can be identified in the Will.
Procedures
The entire process in obtaining the grant of probate application would take at least 3 months depending on the number of cases filed in the Court during that period of time. Generally, the procedures for grant of probate application are as follows:-
1. Provide relevant details and supporting documents to your lawyer to prepare the cause papers (documents to be signed by the executor(s)) for the grant of probate application (by way of an ex parte Originating Summon).
2. Upon signing of the cause papers, your lawyer will then file them to the High Court.
3. The Court will fix hearing for the grant of probate application within 1-2 months after filing of the cause papers.
4. Once the hearing date is fixed, you will be informed by your lawyer where the executor(s) is required to attend to the Court on the hearing date. The executor(s) must bring along with his identity card, the original death certificate and the original Will of the deceased.
5. The hearing will normally be heard before a Registrar (a Court’s officer) of the High Court.
6. Upon checking the original death certificate, the original Will of the deceased as well as the cause papers, the Registrar will allow the grant of probate application provided that all the aforesaid documents are in an orderly manner.
7. After the hearing, the executor(s) shall wait for approximately one (1) month for the extraction of the grant of probate from the Court.
8. After obtaining the sealed Grant of Probate issued by the Court, the executor(s) can collect the deceased’s assets and to settle all the deceased’s debts accordingly. Thereafter, the executor(s) shall distribute the balance of the deceased’s assets in accordance with the manners stated in the Will.
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