How to Apply for Grant of Probate in Malaysia

When a loved one passes away leaving behind a will, the next important legal step is to apply for a Grant of Probate. This document gives the named executor the authority to manage and distribute the deceased’s estate according to the terms of the will. At Chan & Chia, a trusted probate law firm in Seremban, we help clients navigate the probate process with ease and professionalism, ensuring all legal requirements are properly fulfilled.

A Step-by-Step Legal Guide to applying for grant of probate by Chan & Chia, Seremban

What is a Grant of Probate?

A Grant of Probate is a court order issued by the High Court of Malaya confirming that:

The deceased left a valid will; and
The executor named in the will is authorised to administer the estate.

Without this grant, banks, land offices, and other institutions will not allow the release or transfer of the deceased’s assets.

Who can apply for Probate?

Only the executor(s) named in the will can apply for a Grant of Probate. If no will exists, the correct application is for Letters of Administration instead.

Steps to apply for grant of probate in Malaysia

1. Locate the original Will

Ensure you have the original signed will. The will must be valid under the Wills Act 1959, including the signature of the testator and two witnesses.

2. Engage a probate lawyer

A probate lawyer can help prepare all court documents, ensure compliance with Malaysian laws, and speed up the process. At Chan & Chia, we act swiftly and professionally to ease your burden during a difficult time.

3. Gather required documents

You’ll typically need:

Original death certificate
Original will
Identity card copies of the executor and beneficiaries
List of assets and liabilities of the Deceased
Supporting documents for properties, bank accounts, shares, etc.

4. File probate application at the High Court

Your lawyer will file the petition for probate at the relevant High Court in Peninsular Malaysia, usually based on where the deceased resided or where the assets are located.

5. Court hearing & sealing

As the hearing the court will verify the will’s validity as well as the identity of the executor. Once approved, a sealed Grant of Probate is issued.

6. Distribute the Estate

With the grant in hand, the executor can:

Close or transfer bank accounts
Sell or transfer property
Pay off debts and taxes
Distribute assets to beneficiaries as stated in the will

How long does probate take in Malaysia?

Typically, it takes between 2 to 4 months, depending on:

The complexity of the estate
Whether the will is clear and uncontested
Court workload and completeness of documents

Delays can occur if documentation is incomplete or if disputes arise.

Why choose Chan & Chia as your probate lawyer in Seremban?

At Chan & Chia, we provide:

Professional, empathetic legal support
Efficient preparation and filing of probate documents
Fixed and transparent legal fees
Clear communication throughout the process

For over five decades, we have assisted families in making the probate process as smooth and stress-free as possible.

Why choose us?

For over 50 years in the industry, Chan & Chia has consistently been relied on and trusted our many clients. We are a firm deeply rooted in old traditions, and culture while being fully equipped for the modern legal landscape. Our team of experienced professionals are always ready to help.

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