Legal & Estate • 7 min read
Grant of Probate vs. Letters of Administration in Malaysia: What Every Family Must Know
When someone passes away in Malaysia, their bank accounts, investments, and landed properties are typically frozen until the High Court or relevant authority issues a legal grant.
Scenario A: With a Valid Will (Grant of Probate)
If the deceased left a valid Will naming an Executor:
- The Executor files an application for a Grant of Probate at the High Court.
- Timeline: Typically 3 to 6 months.
- No court sureties/guarantors are required.
- Assets are distributed strictly according to the deceased's wishes stated in the Will.
Scenario B: Without a Will / Intestate (Letters of Administration)
If there is no Will, the family must apply for Letters of Administration (LA):
- The lawful heirs must agree on who acts as the Administrator.
- For estates with movable & immovable assets over RM5 million: High Court application (often requiring two sureties with equal estate value).
- For estates below RM5 million consisting of real property: Pejabat Pusaka Kecil (Small Estate Distribution / JKPTG).
- For movable assets below RM600k: Amanah Raya Berhad.
Topic Tags
#Probate
#Letters of Administration
#Will
#High Court
#Amanah Raya
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