Grant of Probate in Malaysia: A Step-by-Step Guide

When someone passes away leaving a will, their assets will not be transferred to the beneficiaries automatically. Before the money of the deceased in a bank account or the land owned by the deceased could be transferred to another person, the person appointed to handle the deceased’s estates usually needs to obtain a court order confirming his authority to do so. In Malaysia, that court order is called grant of probate. This guide explains what it is, who can apply, the documents involved, and how the process works from start to finish.

What is a grant of probate?

A grant of probate is a court order issued by the High Court of Malaya confirming that the

executor named in a valid will has the legal authority to administer the deceased's estates. It is granted under the Probate and Administration Act 1959.

In practical terms, the grant is what unlocks the estates. Without the grant, none of the estates of the deceased could be transferred, moved or administered. Once the grant is obtained, the executor can gather those assets, settle any debts, and distribute the remaining estates to the beneficiaries according to the terms of the will.

Grant of probate or letters of administration?

The two are often confused, but the distinction is simple and important. A grant of probate applies where the deceased left a valid will and named an executor. Where there is no will, no valid will, or no executor able to act, the estates is instead dealt with through letters of administration, and the court appoints an administrator rather than confirming the authority of an executor.

The end goal is similar, administering the deceased’s estates, but the route, the paperwork and the rules on who inherits differ. Where a person dies without leaving a will, the estates is distributed according to the Distribution Act 1958 rather than the deceased’s personal wishes, which is one of the strongest reasons to make a will in the first place.

Who can apply grant of probate?

Only the executor named in the will may apply. The will itself must be a valid under the Wills Act 1959, which generally means it was signed by the testator in the presence of two witnesses who also signed the will.

If a named executor has passed away, cannot be located, or is unwilling to act, the court may allow a substitute or an alternative application. This is one of the situations where early legal advice saves a great deal of time.

Documents you will need

Preparing a complete and accurate set of documents is the part that affects how

smoothly the application goes. The court will typically expect:

● The original signed will.

● The original death certificate of the deceased.

● The identity card details of the executor.

● A list of the beneficiaries together with their identity card details.

● A list of the deceased's assets, supported by documents such as land titles, bank

statements and share account statements.

● A list of the deceased's liabilities, such as outstanding loans.

If the person died abroad, additional documents are usually required, including the foreign death certificate and the related confirmation from the Malaysian authorities. The witnessesto the will do not normally need to attend the court, but they may be asked to sign an affidavit confirming that the will was properly executed.

The step-by-step process

While every estate is different, a straightforward, uncontested application generally follows these stages:

1. Locate the will and gather documents. The executor finds the original will and assembles the death certificate, asset and liability lists, and beneficiary details.

2. Appoint a lawyer and prepare the cause papers. The executor instructs a lawyer, who prepares the application documents, which include the petition for the grant of probate and a supporting affidavit verifying the facts.

3. File at the High Court. The papers are filed in the High Court of Malaya, and the court fixes a hearing date, usually within one to two months of filing.

4. Attend the hearing. The executor attends the hearing together with the original death certificate, the original will and identity documents. The matter is normally heard before a Registrar of the High Court.

5. The grant is issued. For a non-contentious application where the documents are in

order, the court allows the grant, and the order is then extracted.

6. Administer the estates. With the grant extracted, the executor can deal with the banks and other institutions, settle debts and taxes, and distribute the estate to the

beneficiaries.

A non-contentious application like this is heard on an ex-parte basis, meaning there is no

opposing party. If a beneficiary or another party challenges the application, it becomes

contentious and may be referred for case management and, potentially, trial, which takes

considerably longer.

How long does it take, and what does it cost?

For an uncontested estate with complete documents, a grant of probate often takes around three to six months, though this depends on the court's caseload and the complexity of the assets. A contested matter, or one with missing documents or hard-to-trace assets, can take much longer.

Costs usually include court filing fees, legal fees and disbursements, and the fees may vary with the size and complexity of the estates. There is no strict statutory deadline to

apply, but it is sensible to start within a reasonable time, generally within three years of the death, after which the executor may be asked to explain the delay.

Do you need a lawyer?

You are not legally required to engage a lawyer, but probate is document-heavy, procedural

and time-sensitive, and small errors can lead to court queries, delays or rejected papers.

Most executors choose to instruct a lawyer so the application is prepared correctly. If you are dealing with an estates and would like guidance, our will administration and

probate team can take care of the process for you.

Frequently asked questions

Can I use a copy of the will instead of the original?

The court generally requires the original signed will. If the original copy has been lost, a separate and more complex application is needed, supported by evidence of the will's contents and the circumstances of its loss.

What if the deceased had assets in several banks?

The grant of probate covers the whole estate. Once it is extracted, you can present the grant to each bank, and they will release the funds according to their own procedures.

Does a grant of probate cover property?

Yes. With the grant, the executor can apply to transfer the deceased's property to the beneficiaries, subject to the relevant land office requirements.

What happens if there is no will?

You would need to apply for letter of administration instead, and the estates would be distributed according to the Distribution Act 1958. The process and requirements differ, so it is worth getting advice early.