Introduction

When a person passes away in Malaysia, their assets and properties are usually transferred to their beneficiaries through a legal process known as probate or letters of administration. These two terms are often used interchangeably, but they actually refer to two different procedures. In this article, we will explain the differences between probate and letters of administration, and provide a step-by-step guide on how to obtain them in Malaysia.

What is Probate?

Probate is a legal process that is used to transfer the assets and properties of a deceased person to their beneficiaries according to their will. If the deceased person has a valid will, the executor of the will can apply for probate from the High Court of Malaya or the High Court of Sabah and Sarawak, depending on where the deceased person resided.

What are Letters of Administration?

Letters of Administration, on the other hand, are a legal process that is used to transfer the assets and properties of a deceased person to their beneficiaries when there is no will. In this case, the court will appoint an administrator to manage and distribute the assets and properties of the deceased person according to the Distribution Act 1958.

Step-by-Step Guide to Obtain Probate

 1. ## Verify the Will: The executor of the will should verify that the will is valid and meets all the requirements under the Wills Act 1959. If the will is invalid or incomplete, the executor may need to seek legal advice to rectify the issues.

 2. ## Prepare the Application: The executor should prepare the application for probate, which includes the original will, the death certificate of the deceased person, and an affidavit in support of the application.

 3. ## Submit the Application: The executor should submit the application for probate to the High Court of Malaya or the High Court of Sabah and Sarawak, depending on where the deceased person resided. The application should be accompanied by the relevant fees.

 4. ## Attend the Hearing: The High Court will schedule a hearing to consider the application. The executor should attend the hearing and provide any additional information or documentation that is requested by the court.

 5. ## Obtain the Grant of Probate: If the court is satisfied that the will is valid and meets all the requirements, it will issue a grant of probate to the executor. The executor can then proceed to manage and distribute the assets and properties of the deceased person according to the will.

Step-by-Step Guide to Obtain Letters of Administration

 1. ## Determine the Next of Kin: The next of kin of the deceased person should be determined according to the Distribution Act 1958. The next of kin may include the spouse, children, parents, siblings, or other close relatives.     _[see section 6 of the distribution Act 1958]_

 2. ## Prepare the Application: The next of kin should prepare the application for letters of administration, which includes the death certificate of the deceased person, an affidavit in support of the application, and a list of the assets and properties of the deceased person.

 3. ## Submit the Application: The next of kin should submit the application for letters of administration to the High Court of Malaya or the High Court of Sabah and Sarawak, depending on where the deceased person resided. The application should be accompanied by the relevant fees.

 4. ## Attend the Hearing: The High Court will schedule a hearing to consider the application. The next of kin should attend the hearing and provide any additional information or documentation that is requested by the court.

 5. ## Obtain the Grant of Letters of Administration: If the court is satisfied that the next of kin is entitled to the assets and properties of the deceased person, it will issue a grant of letters of administration. The next of kin can then proceed to manage and distribute the assets and properties of the deceased person according to the Distribution Act 1958.

Benefit of Probate vs Letters of Administration (LA)

**A. Time **

Probate: requires 2-4 months

LA: requires 6-12 months

​B. Cause papers

Probate: to file petisyen to probate & affidavit in support

LA: to file OS (for appointment of administrator), affidavit in support, OS (for dispensation of sureties) & affidavit in support, and also distribution order or Order for Sale

Legal Costs

Probate: single state costs for petisyen to probate

LA: costs involved for 3 stages (application for LA, dispense sureties and also for distribution order)

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Conclusion

If you die with a will, the process to obtain a probate is way faster than a letters of administration (LA) and the probate order only requires a timeline of 2-4 months in comparison to LA which may requires a timeline of 6-12 months.

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