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Application of grant of probate in Malaysia

What the application involves

Who applies	The executor named in the will
Where	The High Court. The value of the estate does not change this where a will exists.
Documents needed	Original will, original death certificate, identity documents, and a schedule of assets and liabilities
Supporting evidence	Land searches and written confirmations of balances from banks and other institutions
Security	An executor under a will generally does not face the sureties requirement an administrator does
After extraction	Collect the assets, settle debts and tax, transfer or sell property, then distribute

Check three things before anything is filed

Was the will signed and witnessed properly? The formalities are strict and a will that does not meet them may not be admitted at all. If a witness is also a beneficiary, the gift to that witness fails even though the rest of the will may stand.

Did the testator marry after making it? Marriage revokes a will made before it, unless the will was expressly made in contemplation of that particular marriage. People marry, never revisit the will, and the estate then proceeds as though no will existed.

Do you have the original? Not a copy. A will known to have existed but which cannot be produced may be treated as destroyed and revoked, and proving a copy is a separate and far heavier application.

How we run it

1. We review the will and confirm it can be proved. Execution, witnesses, substitute executors, and anything that has happened since which affects it.
2. We build the schedule of assets and liabilities with you. Land searches, bank confirmations, EPF and insurance enquiries. This is the longest stage and the part you can most speed up.
3. We prepare and file the application. Petition, your affidavit, the original will and the schedule of the estate.
4. We attend the hearing. Uncontested matters are usually dealt with without argument. If an objection has been filed we will explain what that means before it happens.
5. We extract the sealed grant. This is the document banks, the Land Office and share registrars accept.
6. We administer and distribute. Collect assets, settle debts and tax, transfer or sell property, and account to the beneficiaries.

What goes wrong

• The original will cannot be found. A straightforward application becomes contested litigation.
• The will was not executed properly. It may not be admitted, and the estate is then dealt with as an intestacy.
• The sole named executor has died and no substitute was appointed. A grant of probate is no longer available and a different application is required. See appointment of executor and trustee.
• Assets emerge after filing. Amended papers and a further attendance.
• An objection is filed disputing the will or the testator's capacity.
• Assets abroad, which may require separate steps in that country.

The grant is authority, not delivery

Extracting the grant does not move anything by itself. Land must still be dealt with at the Land Office, first by registering the personal representative against the title and then by transferring it. Accounts must still be closed and collected, and debts traced and paid. Selling estate land to a buyer raises its own question of authority, dealt with under application of order for sale.

We run the grant and the administration that follows as one matter, which is where families using separate firms most often stall. See estate administration.

Frequently asked questions

Can a beneficiary also be the executor?

Yes, and a spouse or adult child commonly is both. The separate rule to watch is that a person who witnessed the signing of the will cannot take a gift under it, and neither can that witness's spouse.

How many executors can be appointed?

A will may appoint more than one executor to act jointly, and it is sensible to name a substitute in case the first cannot act. We will advise on the right number for your estate rather than applying a rule of thumb.

What if the named executor has died or refuses to act?

If no substitute is named and none of the named executors can act, a grant of probate is not available. The estate proceeds by a different application in which the court appoints someone to administer it according to the terms of the will. We handle both routes.

Is a will made overseas valid in Malaysia?

It may be, but Malaysian banks and the Land Office will usually not act on a foreign will without a further step taken here first. Send us a copy rather than assuming it is enough.

How long does a grant of probate take?

There is no fixed period. An uncontested application commonly runs to several months from filing to extraction. Incomplete asset information, missing documents and objections from within the family are the usual causes of delay.

About this page. General information about non-Muslim estate matters in Malaysia. Muslim estates are dealt with under Faraid and fall within the jurisdiction of the Syariah Court. Where an estate is distributed without a will, the fixed shares apply in Peninsular Malaysia and Sarawak; Sabah has its own intestacy law and the shares there differ. Court thresholds, duties and fees are set by legislation and change from time to time, so we confirm the current position for your matter rather than quoting figures here. Nothing on this page is advice on your own situation. Tam Yuen Hung & Co. is a Malaysian law firm regulated by the Malaysian Bar.