Grant of Probate and Letters of Administration

Grant of Probate and Letters of Administration

In Malaysia, the handling of a deceased person's estate depends on whether they left a valid will. The estate is processed either through the Grant of Probate or the Letters of Administration. Regardless of the chosen path, the estate assets remain frozen until the respective legal document is obtained.

If the will exists, the appointed executors shall responsible for the distribution of the estate. The executors shall apply for a Grant of Probate to High Courts in Malaysia, which would release the estate and authorize the executors to pay off debts, sell or transfer property and distribute the assets to the beneficiaries according to the will.

If there is no will, a family member or any person interested in the deceased estate, can apply for Grant of the Letters of Administration. The procedure for the extraction of the Letters of Administration in Malaysia depends on the type and the value of the estate. The assets of your loved ones would be divided according to the Distribution Act 1958

Probate vs Letters of Administration in Malaysia
The procedures under the Grant of Probate and Letters of Administration have several key differences, which can be summarized as below:
 
GRANT OF PROBATE LETTERS OF ADMINISTRATION
The deceased has left a will The deceased has left no will or there is a will, but the executors are unwilling or unable to fulfil it
The estate is administered by executors, defined by the will The estate is managed by administrators, appointed by the High Courts or other authority in Malaysia upon the application
The application for the Grant of Probate is filed to the High Courts in Malaysia by the appointed executors Any person, who might be interested in the estate, such as next of kin or a creditor, can apply as an administrator
The period for extraction of the Grant of Probate in Malaysia can take up to 3-6 months and is generally much shorter and less complicated than that of Letters of Administration It can take from several months up to several years to extract the Letters of Administration
No requirement for sureties or guarantors Sureties and guarantors who guarantee the estate is properly administered are required
No order for distribution of the estate is required Distribution Order is required for the distribution of the estate