The Court Process of Application for Probate in Malaysia: A Complete Guide
When a loved one passes away in Malaysia, the estate may need to be administered through the process of obtaining a probate. Probate is the legal procedure by which a deceased person’s will is validated, and the appointed executor is authorized to distribute the estate according to the will. If the deceased did not leave a will, the process is referred to as the intestate succession process, where the court appoints an administrator by way of Letters of Administration to handle the estate.
1. What is Probate?
Probate refers to the legal process through which a court grants permission to the executor (named in the will) to manage the deceased’s estate. This includes settling any debts, paying taxes, and distributing assets according to the terms of the will.
In Malaysia, the application for probate is made at the High Court under the jurisdiction of the Probate and Administration Act 1959.
2. Who Can Apply for Probate in Malaysia?
The primary applicant for probate is typically the executor named in the deceased’s will. If the executor is unwilling or unable to act, or if there is no will, a person interested in the estate, such as a family member, may apply for letters of administration instead.
3. Preparing Documents for the Probate Application
To initiate the probate process, certain documents need to be prepared. These include:
- Original Will (if available)
- Death Certificate of the deceased
- List of Assets and Liabilities of the estate
- Identities of the Executor(s) and beneficiaries
- Renunciation Form (if the named executor declines to act)
- Probate Application Form (also called the Form 14)
4. Filing the Probate Application
The probate application is filed with the High Court in the jurisdiction where the deceased lived. The documents mentioned above should be submitted to the Probate Registry for review. The court will evaluate the will to ensure it meets legal requirements.
5. Court Hearing for Probate Application
Once the application is filed, a hearing is scheduled. During this hearing, the court examines the validity of the will. If the court is satisfied that the will is valid and that the executor is qualified, the court will grant probate. However, if the will is disputed, the court will address the matter before proceeding.
6. Grant of Probate
If the application is approved, the court will issue a grant of probate. This legal document authorizes the executor to begin administering the estate, including paying off debts, managing assets, and distributing them to the beneficiaries in accordance with the will.
7. Administering the Estate
Once probate is granted, the executor is responsible for managing the deceased’s assets. This includes:
- Settling debts and liabilities of the estate
- Paying taxes due, such as estate duty (if applicable)
- Distributing the assets to the beneficiaries as per the will
8. Finalizing the Probate Process
Once the estate has been settled, the executor will submit an account of distribution to the court for approval. The probate process is concluded when the court acknowledges that all debts have been settled and assets distributed.
9. The Role of the Probate Court in Malaysia
The High Court plays a critical role in the probate process. It ensures the validity of the will and that the deceased’s estate is managed according to Malaysian law. If there are any disputes over the will or estate, the court will also be the body to resolve such matters.
Conclusion
Applying for probate in Malaysia is a detailed legal process designed to ensure that the deceased’s estate is handled according to their wishes or, in the absence of a will, in line with legal guidelines. It involves submitting the required documents, attending a court hearing, and following a thorough administration procedure.
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!