When is it Necessary to Apply for a Grant of Probate in Malaysia?

For non-Muslims in Malaysia, a grant of probate is necessary if the deceased person has left a valid will. It is not necessary if the deceased person died intestate, meaning they did not leave a will.

What is Grant of Probate

A grant of probate is a legal document that is issued by the court to the executor of a valid will. It gives the executor the authority to administer the deceased person’s estate, which includes collecting the assets, paying the debts, and distributing the remaining assets to the beneficiaries.

When Do You Need To Apply for Grant of Probate

In Malaysia, there is no specific deadline for applying for a grant of probate. However, it is advisable to apply within 3 years after the death of the deceased person. Any delay in the application, the court requires an explanation.

Grant of probate is required to transfer the title of properties and other assets of the deceased person to the intended beneficiaries under the valid will. Without a grant of probate, the executor may not be able to distribute the assets to the beneficiaries accordingly.

What You Need to Apply for Grant of Probate

The requirements for applying for a grant of probate in Malaysia vary depending on the circumstances. However, the applicant will generally need to provide the following documents:

The valid will of the deceased person
A death certificate
A list of the deceased person’s assets
A list of the deceased person’s debts

In conclusion, the process of applying for a grant of probate in Malaysia can be complex and time-consuming. It is advisable to consult with a probate lawyer to ensure that the application is properly prepared and filed. A probate lawyer will have the experience and knowledge to help you navigate the process and avoid any potential pitfalls.

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