Probate & Letter of Administration
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Probate & Letter of Administration Lawyers
When someone passes away, their estate needs to be formally administered before assets can be distributed to family members or beneficiaries. The legal process depends on whether the deceased left a valid will. For estates with a valid will, a Grant of Probate is applied for from the High Court. For estates without a will a Letter of Administration and Distribution Order is applied for from the High Court.
Our probate and estate administration practice assists families throughout the process, from the initial application stage to the final distribution of assets to rightful beneficiaries
What we do
Areas We Cover.
Application for Grant of Probate
Application for Letter of Administration
Application for Small Estate Distribution Order
Estate Administration & Distribution
Resealing of Probate & Letter of Administration
Will, Probate and Estate Disputes
Grant of Probate vs Letter of Administration
These are two separate applications under the Probate and Administration Act 1959, governed by the same court but applying in different circumstances.
Grant of Probate (estate with a valid will):
A Grant of Probate confirms the validity of the will and authorises the executor named in the will to administer the estate. The executor collects the assets, settles outstanding debts, and distributes the remaining estate to beneficiaries according to the wishes of the deceased stated in the will. If the named executor is unable or unwilling to act, an application for administration with the will annexed may be made instead.
Letter of Administration (estate without a valid will):
Where a person dies without a valid will, a family member or interested party may apply a Letter of Administration from the High Court., This authorises them to act as administrator and to distribute the assets in accordance with Distribution Act 1958 for non-Muslims or applicableIslamic inheritance law for Muslim estates.
Both processes are filed in the High Court under the Rules of Court 2012. The documentation required, the timeline, and the court fees vary depending on the type of application to the Court. An estate probate lawyer advises which application applies to a specific estate and prepares the relevant cause papers for filing.
Our Approach
Step 1
Estate matters are handled on a step-by-step basis, with clients advised at each stage before any filing is made. The first consultation covers which application applies to the estate, what documents are required, the expected timeline, and the applicable fees. For families unfamiliar with the probate process, that initial meeting provides a clear map of what lies ahead.
Step 2
Fees for probate and letter of administration work in Malaysia are generally guided by the Solicitors Remuneration Order, and are based on the complexity of the application and distribution of the estate. The professional fees are agreed with the client before work begins and no hidden charges apply.
Step 3
For contested estate matters, including challenges to the validity of a will or disputes between beneficiaries, the file is handled by our litigation partner. Most estate disputes in Malaysia are resolved through negotiation before reaching a full court hearing.
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Managing a loved one’s estate can quickly become complicated, especially when legal procedures, documentation, and court applications are involved.
Options When There Is No Valid Will
Three routes exist for administering an estate where there is no will, and the right choice depends on the nature and value of the estate’s assets.
High Court Letter of Administration
Estate matters are handled on a step-by-step basis, with clients advised at each stage before any filing is made. The first consultation covers which application applies to the estate, what documents are required, the expected timeline, and the applicable fees. For families unfamiliar with the probate process, that initial meeting provides a clear map of what lies ahead.
Small Estate Application
Available where the estate consists of immovable property or a combination of immovable and movable property in Malaysia and its total value does not exceed RM5 million, pursuant to the Small Estates (Distribution) (Amendment) Act 2022. The applications are filed at the land office in the district where the property is located.
Amanah Raya Berhad (ARB)
ARB may administer an estate where it consists entirely of movable property with a total value not exceeding RM600,000. An application is made directly to ARB pursuant to Section 17 of the Public Trust Corporation Act 1995. ARB charges an administration fee for the service. This route does not require a court application but is limited to movable assets only.
We Answer Your Questions
Frequently Asked Questions
Dealing with estate matters after the loss of a loved one can be overwhelming. Our lawyers provide clear, reliable assistance for probate and letter of administration applications, helping families manage estate administration and asset distribution efficiently and with confidence.
A Letter of administration lawyer prepares and files the application for a Letter of Administration, and assists in administering and distributing the estate where there is no valid will.
A Grant of Probate applies when there is a valid will. A Letter of Administration applies when there is no valid will.
Generally takes 6 to 12 months, depending on the complexity of the estate and court processing time.
Usually the next of kin, such as a spouse, child, or parent, or another interested party with court approval.
Experience in estate matters, knowledge of High Court procedures, and ability to handle the process efficiently and clearly.
Death certificate, identification documents, and proof of relationship to the deceased, along with details of the estate. civil dispute in Malaysia typically starts with legal advice and negotiation, and if unresolved, proceeds through court stages—pleadings, case management, pre-trial documents preparation, trial, judgment, and possibly appeal.
We Answer Your Questions
Frequently Asked Questions
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Navigating probate or letters of administration can be time-consuming and legally complex.