Probate and Letter of Administration
What is probate and why is it necessary?
Probate is a legal process that confirms the validity of a deceased person’s will and grants the executor the authority to administer the deceased’s estate according to the terms of the will. It is necessary to ensure that the estate is distributed legally and according to the deceased’s wishes, and to provide the executor with the legal authority to manage the estate’s assets and liabilities.
What is a letter of administration and when is it required?
A letter of administration is a legal document issued by the court appointing an administrator to manage and distribute the estate of a deceased person who died without a valid will (intestate). It is required when there is no will.
Who is eligible to apply for probate or letters of administration in Malaysia?
For probate, the person named as the executor in the will is eligible to apply. For letters of administration, typically, the next of kin (such as a spouse, child, or parent) of the deceased can apply. If there is no suitable next of kin, the Public Trustee or a trust corporation may be appointed as the administrator.
What documents are required to apply for probate or letters of administration in Malaysia?
To apply for probate, the following documents are generally required:
- The original will and any codicils
- The death certificate of the deceased
- An affidavit verifying the death and the validity of the will
- A list of the deceased’s assets and liabilities
For letters of administration, the required documents typically include:
- The death certificate of the deceased
- An affidavit of the applicant’s relationship to the deceased
- A list of the deceased’s assets and liabilities
How long does the process of obtaining probate or letters of administration take in Malaysia?
The time frame for obtaining probate or letters of administration can vary depending on the complexity of the estate and the efficiency of the courts. Generally, it can take anywhere from a few months to a year. The process may be quicker if the estate is straightforward and uncontested, while more complex or contested estates can take longer to resolve.
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Disclaimer
Articles published in this website are for general informational purpose only and shall not constitute any form of legal advice to any specific case. Kindly contact us if you are currently experiencing a legal dilemma related to this topic and need further legal consultation.