Wednesday, May 31, 2017

What is the difference between a Grant of Probate and a Letter of Administration in Malaysia?

Grant of Probate

It is a document the Executor named in a Will needs to apply. Generally, the Executor needs to engage the service of a lawyer. The lawyer will put in a petition at the High Court and Grant of Probate will be approved and extracted from the High Court. However, there are exceptions for this.

Once the Grant of Probate is obtained, the Executor can collect all assets of the deceased which was frozen, settle all the debts and expenses and the net assets will be distributed according to the Will.

Letter of Administration

This is the document the family members of the deceased need to apply when there is no Will.  There are exception to this also.  Deceased legal beneficiaries under the laws need to give consent to a person to manage the estate. This person is called The Administrator. The Administrator needs to looks for 2 sureties (There are exceptions to this). Once, the Letter of Administration is extracted, the Administrator can collect all the frozen assets and distribute the net estate according to the Distribution Act.


By,

Chong Mok Yong

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