When a person passes away, their estate must be managed and distributed according to their Will or, in the absence of a Will, according to the law. In Malaysia, the probate process is governed by several key pieces of legislation, including the Probate and Administration Act 1959 and the Wills Act 1959, which provide the legal framework for handling estates after death.
What is a Grant of Probate?
A Grant of Probate is a legal document issued by the High Court under and it authorizes the executor(s) named in a deceased person’s Will to manage and distribute the estate in accordance with the Will’s instructions. This document is essential for ensuring that the deceased’s assets are distributed as per their wishes, and it facilitates the payment of debts and taxes.
Executor(s)’s Responsibilities
The executor(s) named in the deceased’s Will is entrusted with several key responsibilities, including:
- Collecting the deceased’s assets, which may include properties, bank accounts, investments, and other valuables.
- Paying any outstanding debts of the deceased, such as loans, taxes, and other liabilities.
- Distributing the remaining assets to the beneficiaries according to the terms of the deceased’s Will.
Application Process for Grant of Probate
To obtain a Grant of Probate, the executor(s) must file an application with the High Court. The application must be filed with several documents, including but not limited to the following:
- The original Death Certificate of the deceased.
- The original Will.
- List of Assets and Liabilities, and Beneficiaries of the deceased.
- Executor(s)’s Oath of Administration.
The High Court will then review these documents to ensure they comply with legal requirements before issuing the Grant of Probate. Once granted, the executor(s) is authorized to administer the estate according to the instructions in the will.
Additional Steps for Overseas Deaths
When a person dies outside of Malaysia, additional steps are required to initiate the probate process in Malaysia. The following documents are necessary:
- A report letter from the Malaysian High Commission or embassy in the country where the death occurred, confirming the death.
- A death registration letter from the National Registration Department (JPN) in Malaysia, ensuring the death is officially recognized in Malaysia.
These additional documents are required by the High Court to proceed with the probate process, ensuring that the death is legally acknowledged and the estate can be administered properly.