- Estate with a valid will
- Estate without a will
Where the deceased has left a valid will, the beneficiaries may apply to the High Court of Malaysia for a Grant of Probate (Probate) , and the estate will be distributed in accordance with the terms of the will. If the deceased dies intestate (without a will), the family must apply for a Letter of Administration (Letter of Administration) from the High Court.
In cases with a valid will, the Grant of Probate is typically obtained within 3 to 4 months. Compared to the application for Letters of Administration, the probate process is generally faster. Apart from the size of the estate, this is mainly because the administration process requires the appointment of two sureties (guarantors) to ensure proper estate management.
In terms of distribution, probate follows the instructions set out in the deceased’s will. For intestate estates, distribution is carried out in accordance with the Distribution Act 1958 (Distribution Act 1958) as follows: