The Grant of Probate will be issued by the High Court when there is a valid Will and a proving Executor, who is able, willing, and has the capacity to administer the estate left behind. Probate will be granted to the named Executor(s) in the Will (with a minimum of 1 person up to a maximum of 4 persons acting jointly). Generally, this is the most time and cost-effective grant of representation amongst all. Unlike Letter of Administration, there is no surety required for a Grant of Probate. Further, the estate will be distributed in accordance with the terms in the Will upon extraction of the Grant of Probate, so no application for the distribution order is required.
Q&A:
What is probate?
Probate is the process of proving and registering in the High Court the last Will of a deceased person. When a person dies, the executor of the Will shall administer the estate and handle the disposal of the assets and debts.
How long does it take for me to apply for grant of probate?
A Grant of Probate application normally takes a shorter time than a Letters of Administration application. Normally a Grant of Probate can be extracted within a minimum of 3 to 4 months, depending on the size of the estate.
What are the documentations required for the application of grant of probate?
Below are the list of necessary documents needed for the petition for Grant of Probate:
- Original Will
- Death Certificate
- IC of Executor and the Beneficiaries
- List of Assets & Liabilities related documents
Procedure for the application of Grant of Probate:
Appointment Of Solicitor |
1 week |
Execution Of Cause Paper |
1 week |
Filing Of The Probate Application To The High Court |
1-2 months |
Attendance To The Court Hearing |
1-2 months |
Issues You Might Face When Applying for a Grant of Probate:
Complications may arise if the original will is misplaced or if it is discovered that the will is invalid. It is crucial to familiarize yourself with the criteria for a legally valid will to pre-empt such challenges. Additionally, situations may arise where the validity of a will is contested, hindering the court from proceeding with the allocation of assets.
These circumstances have the potential to escalate into legal disputes, straining family relations. To proactively address these issues, it is advisable to engage the services of a probate lawyer in Malaysia. A proficient probate lawyer can provide guidance throughout the will-writing process, ensuring that the document adheres to legal standards. By taking this pre-emptive step, your loved ones can avoid potential complications when seeking a grant of probate in the future, fostering family harmony and mitigating the risk of legal disputes.