4 Steps for Administration of Estate in Malaysia
Essentially, there are 2 scenarios if one wish to obtain the approval (from the High Court) to administer the estate of the deceased in Malaysia. Firstly, there is a valid will. Secondly, there is none. Generally, here are the 4 Steps for Administration of Estate in Malaysia:
- Filing of Legal Documents to High Court of Malaysia for application of Probate (or Letter of Administration). More often than not, probate lawyer will usually be appointed to prepare the legal documents to be filed into the High Court to obtain the grant of probate (or letter of administration) on behalf of the appointed executor (or administrator). Documents that you need to submit to your probate lawyer are death certificate, original will (if any), IC of Executor (or administrator), list of beneficiaries and list of assets (and liabilities).
- Hearing of the Application of Probate / Letter of Administration by the High Court. Once all legal documents are filed into the High Court in Malaysia, the High Court shall process and fix a date of hearing of the Originating Summon and presence of the applicant(s) is/are required. Once the High Court is satisfied that all documents are in order and well prepared under the law, the High Court shall grant the applicant the Grant of Probate (or Letter of Administration).
- Identify Assets of the Deceased Person and Payment of Debts by the Executor (or Administrator). Once the application is approved or granted, the appointed executor (or administrator) must first settle off the debts of the estate (ie housing loan, car loan etc.) as required under the law in Malaysia (Probate and Administration Act 1959).
- Distribution of Assets of the Deceased Person. Once all debts and liabilities of the deceased person is settled, then the executor (or administrator) shall distribute the assets in accordance to the will of the deceased person (or in accordance to the Distribution Act 1958 if the deceased person dies without a will).
More often that not, these procedures will be complicated (especially the distribution of assets) and it is advisable to seek for the assistance of a professional probate lawyer to ensure that the distribution of assets are in accordance to the law in Malaysia.
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