Grant of probate? If you google, it’ll say “administering the estate”. For someone who is not well versed in this area you will be googling more. Let’s dive in – At the point when somebody passes on and leaves property, money and assets – known as their domain – you have to figure out who gets what. To do this, you need what is known as a ‘grant of representation’. This demonstrates your power to manage the bequest. What structure this takes will rely upon whether a will has been left. The Grant of Probate is a document an executor needs to obtain in order to give them authority to administer the deceased’s estate.
What is a Letter of Administration (LA)?
An LA is a right given by the Court for the administration of an estate of a person who died without leaving a Will.
In what situation do we apply for a GP or LA?
When someone dies and leaves behind a valid Will, a GP will be sought.
If the person dies without a Will, an application for an LA must be made.
Who needs it?
If and when you are named in someone’s Will as an executor (the individual named on the will to administer it upon the testator’s death, ensuring that the wishes of the deceased are followed EXACTLY. There can be more than one named executor.) You may have to apply for probate.
This will represent as a legal document which will give you the authority to divide the property of the Testator (the person who writes a will, i.e. the deceased individual whose estate is subject to administration.) according to the instructions in the will. However, you do not always need a probate to deal with the property. As a friendly reminder, if you have been named as an executor, you do not have to act upon it if you do not want to. With this being said, an individual can be named as both executor and testator.
What is the process?
When someone passes away, their property(s) will be frozen, with that being said all their belongings will not and can not be moved, allocated, sold or even be cashed out until all the administrations complete. How will these assets be distributed? Well, for non-Muslim citizens it depends on whether a Will is done or exists. If the will exists, a grant should be made to the High Court for a Grant of Probate in Malaysia. Once all is done, the High Court will review the application at the hearing. – This process is fairly simple however it takes over three to 6 months. The documents needed for this application are –
- Death certificate
- Executor’s identity card
- Identity cards of beneficiaries
- Original copy of will
- Land titles/evidence of property ownership
- Home loan statement (if applicable)
- Bank account details of deceased
- Documentation of any other assets
- Documentation of any liabilities or debts
Once everything is in place, the executor can allocate the estate according to the Will, and following the legal process.