Who needs to apply for Probate?

Probate is the process that you need to go through when someone has died and left a will that names you as their executor. The application for Probate must be made in the High Court. If someone has died without leaving a will, a different process called Letters of Administration is required.

The Application Process?

Documents Required

1

Original Will of the Deceased;

2

Original Death Certificate of the Deceased

3

Prepare the List of Assets and Liabilities* of the Deceased

4

Prepare the List of Beneficiaries according to the Will

5

Locate the Witness to the Will. To obtain the Affidavit from the Witnesses

The value of the Deceased’s estate at the date of death, including all joint assets, needs to be obtained. Once the documents are given to the Lawyer, gen Save erally it takes approximately 2 weeks for the Lawyer to prepare the paperwork (depending on the complexity of the case).

What is requires in the List of Asset/Liability:-

Land Titles/Grant[Noted : we have conducted cases where our Client could not locate the Original Land Title – we could assist you to obtain a new Land Title from the Land Office].

Sale & Purchase Agreement, together with the Quit Rent & Assesment (Cukai Tanah & Cukai Pintu);

Company – the contact number of the Company Secretary[Noted : if the Company has been struck off by SSM, we could assist you to reinstate the Company back]

Shares in Company – Bursa Malaysia Statement (CDS Number), Bank Statement and/or share certificate.

Loan Agreement/Loan Statement from the Bank.

Bank, Bank Account Number, Fix Deposit Certificate/Statement.

Motor Vehicles – JPJ Registration Card

Insurance Policy

EPF Number

Liabilities:-

• Deceased’s debts : Funeral Expenses, Bank Loan, Credit Card Statements etc.

What does an Executor need to do?

The executor will need to:

1

Identify, value and collect in all the Deceased’s assets;

2

Pay off Deceased’s debts and liabilities;

3

Distribute the estate according to the Will;

4

Act as Trustee for any assets that form part of a Trust under a will;

5

Produce estate account (large estate may have to appoint an accountant e.g. where the deceased collected rental etc).

How long will the process take to complete?

The process depends on the complexity of the estate. However once the paperwork is completed and submitted to Court, simple Probate only takes a month to complete. The Executor needs to attend Court with the Lawyer on the Hearing date of the Probate.  Complex probate would take longer and it would certainly take longer when there are disputes over the estate.

1

Identify, value and collect in all the Deceased’s assets;

2

Pay off Deceased’s debts and liabilities;

3

Distribute the estate according to the Will;

4

Act as Trustee for any assets that form part of a Trust under a will

5

Produce estate account (large estate may have to appoint an accountant e.g. where the deceased collected rental etc).

Process

Step 1

Payment of Deposit

Step 2

Signing of the Probate Petition (2 weeks – 1 month)

Step 3

Attending Court for Hearing of the Probate Petition (within 2 months of filing in Court)

Step 4

Receiving the sealed Probate/Letters of Administration (1 – 2 months from Hearing)

[Note : simple Probate process from signing to obtain a copy of the sealed Probate order takes about 3 months]

What can a lawyer do to help?

1

Preparing the necessary documentation for the Form A and Form DDA application.

2

Identifying the Applicant/representative of the Deceased’s estate.

3

Extracting the Death Certificate from the National Registration Department.

4

Obtaining valuation of the estate assets.

5

Distribution of estate assets to beneficiaries.

6

Calculation and payment of tax (if applicable) and advice on when and how to pay tax and if it is possible to pay by instalments.

7

Sale or transfer of any property of the Deceased.

8

Advice on any disputes that arise regarding the estate.

9

Advice on the drafting and preparation of Deeds of Variation.

10

Dealing with taxation issues which may arise (e.g. stamp duty).

Distribution of Assets:-

• Movable Assets (e.g. Bank, EPF, Car, Insurance) can be done immediately by the Executor

• Immovable Properties (e.g. Land) – may take up to 3 months.

Distribution of Property

Ensuring the tenant of the Property is fully aware of the change of circumstances

Transferring ownership of the Deceased’s property to the beneficiary

If the property is to be sold, we can deal with the appointment of an estate agent for the marketing and sale of property

Transferring the property from the Deceased to the buyer.

Why Choose Us for Probate?

We have 15 years in dealing with Probate/Letters of Administration matter.  We aim to keep the Probate/Letters of Administration proceedings a straightforward as possible and minimum stress to you.  The cost need not be high, and the complex processes made easier to understand and go through. We can assist you with any or all of the above, saving you an immense amount of time and stress. Fixed fees are available for most probate work.

Apply for Probate today. (CLICK ON THE FORM)

Information that you submit on this form will only be used to verify that you have a genuine business, and to conduct a preliminary conflict of interest check. We do not share your information with any other business or entity.