Probate Process In Malaysia
Probate is the process of proving and registering in the high court the last will of a deceased person.
Probate process in malaysia. Probate administration application large estate procedure. However your application might take longer to process if it is more complex such as where the deceased has many assets that need to be identified and located. Management of a large estate is subject to the probate and administration act 1959. If your probate case is non contentious you might be able to obtain a grant of probate within 2 to 6 months of applying for it in singapore.
What is grant of probate and letter of administration in malaysia. Large estate refers to the estate of the deceased exceeding rm2 million in total value. Do not exceed rm2 million and include immovable property the process follows the small estate distribution act of 1955. Advice by experienced malaysia lawyers malaysia estate planning.
The readers of the author s previous editions would be pleased at the retention of his concise and clear style of. This procedure also apply for a non muslims deceased who leave a will under the wills act 1959 act 364. Lexread the eagerly anticipated third edition of probate and administration in singapore and malaysia brings to the lawyer and informed layperson an update of the law on wills probate practice succession and estate duty since the publication of the previous edition in 2005. If a person dies leaving assets in malaysia it is common that the next of kin or family members will have to apply for the relevant grant of representation from the high court of malaya in order to deal with the estate of the deceased.
Exceed rm2 million the application is filed to the high courts in malaysia. If the gross estate consists of wholly or partly immovable property e g. Visit our estate planning guide for more information on the details of grant of probate. Letters of administration in malaysia.
The application is filed to a district land administrator. Land house which exceeds rm2 million the estate will have to go through the lengthy and costly probate process. Thereafter your executor may deal with and distribute your assets in malaysia according to your will. Probate and administration act 1959 revised 1972 laws of malaysia reprint act 97 probate and administration act 1959 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006.
Your executor may apply to the high court to re seal the grant of probate in malaysia.