- Paulo Coelho
Probate is a legal process that is required when a person passes away, in order to distribute their assets to their beneficiaries according to their wishes. In Malaysia, probate is governed by the Probate and Administration Act 1959 (PAA).
Before the Executor can distribute assets, he/she must apply for a Grant of Probate, a legal document that gives them the authority to deal with the deceased’s property.
Probate ends once all taxes and debts have been paid and all inheritance passed on.
It takes around 3-6 months depending on the local courts.
The exact amount depends on the size and complexity of the estate.
Sometimes disputes can come up during probate between the executor, beneficiaries, creditors, or tax authorities which can delay you in administering the estate.
Only the Executor named in the deceased's Will can apply for probate.
If someone dies without a Will, they are said to be intestate. The intestacy rules (Distribution Act 1958) will say who can apply to administer the estate instead.
You will then have to apply for Letter of Administration instead of Grant of Probate.
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