Yeo Law Chambers

Legal Articles

Inheritance transfer law 1

After a person passes away, his next of kin not only need to handle his funeral affairs, they might also be facing problems when dealing with the estate of the deceased.


Some of the questions they might face are: (a) how to apply to become the legal representative of the deceased? (b)  How to transfer the estate of the deceased to his/her beneficiaries?


In Malaysia, the answers/ relevant legal procedures involved depend on whether the deceased died with a will (testate) or without a will (intestate).


Today we would like to share some legal information with regard to how to obtain a Grant of Probate when a person dies with a will (testate).


A.     When a person dies testate, the executor named in his will would be the legal representative of the deceased. The first step that needs to be done is to apply for a Grant of Probate from the High Court.


B.     Before engaging a lawyer, the executor will need to obtain the death certificate of the deceased issued by Jabatan Pendaftaran Negara (JPN), and understand the contents of the will, such as the distribution of the deceased’s estate, the identity of the beneficiaries, and witnesses, etc.


C.    After engaging a lawyer, the executor will need to provide the documents mentioned below for the preparation of court papers:


  • Original copy of the death certificate
  • Original copy of the will
  • A photocopy of the identity card of the deceased, executor, beneficiary/s, witnesses;
  • The relevant document of the deceased’s estates.

D.     Thereafter, the lawyer will arrange for the executor and the witnesses to sign & affirm the court papers, then file the court documents in the High Court to apply for a hearing date.


E.     After the hearing date is fixed (normally about a month after filing the court documents), the executor will need to appear before the Court Registrar with his/her lawyer. During the hearing day itself, the Registrar may also ask some questions in relation to the estate of the deceased. Basically, the lawyer will assist the executor to answer the questions.


F.     When the Registrar viewed that all the court papers are in order, the order for Grant of Probate will be given on that day. Generally, the sealed copy of the Grant of Probate will be received one (1) month after the hearing date.


G.     After obtaining the Grant of Probate, the executor can start to dispose of the deceased’s estate. According to the law, the executor must pay the debts (out from the estate of the deceased) before distributing the property to the beneficiaries in accordance with the will.


H.     The executor can open an estate account to record all transactions involved. When facing a problem in paying debt or effecting the transfer, the executor can seek advice from his lawyer.


This are some information regarding the grant of probate that we want to share with you today. If you have any inquiries about it, please do contact us:


If you want to know the procedures for applying a Grant of Letters of Administration, you can read our article


About the importance of having a will, you can read our article


Like & Follow our Facebook Page to get more legal information. You can learn other legal information from our website:


#杨律师事务所 #法律 #新山律师 #华人律师 #遗产公证书 #遗嘱 #遗产转名 #遗产管理 #Yeolawchambers #law #probate #estatedistribution #JBlawfirm #Datooon




. 在上两篇文章,我们分享了亲人去世后如何把遗产转名给受益人的相关法律以及手续。 . 而今天我们要分享的是两个常问问题: . 1) 在什么情况下,可以直接向土地局申请遗产继承? 2)    如果遗嘱里面的执行人提前去世或者拒绝成为执行人,整个遗嘱会无效吗?该怎么向法庭申请承认遗嘱? . 问题1: 什么情况下,可以直接向土地局申请遗产继承? 根据马来西亚小额遗产分配法(Small Estates...

马来西亚遗产管理书 Letter of Administration

. 上一个文章我们分享了在立遗嘱的情况下,如何申请遗嘱认证书的相关法律。 . 那么在一个人去世没立遗嘱的情况该怎么办呢?他的后人要如何申请继承产业?申请过户遗产到其名下呢? . 所涉及的程序和费用是会不会更复杂更高呢? . 今天我们要分享的是在没有立遗嘱的情况下,申请遗产管理书 (Letter of Administration) 的法律以及相关指南:- . 1. ...