Wills, trusts & estates · civil & Islamic · since 2004 +60 3-2095 4180 WhatsApp us Mon–Fri 9–6 · Sat by appointment
Cheong, Rashid & DevanAdvocates & Solicitors · Wills & Estates

Estate planning

Probate & estate administration

After a death, the law will not let anyone touch the assets until the right grant is in hand. We get it.

When someone dies, their estate effectively freezes. Banks, the Land Office, EPF and share registrars will not release or transfer anything until a personal representative is formally appointed by the right authority. Which route applies depends on whether there was a will, the size of the estate, and what it is made of.

We handle all of it — extracting a grant of probate where there is a will, letters of administration where there is not, a Small Estate Distribution application at the Land Office for smaller estates, or resealing a grant obtained overseas — and then the practical work of calling in assets, settling debts and distributing to the beneficiaries.

Probate & estate administration
We handle the grant, the paperwork and the distribution, so a grieving family does not have to.

The routes we handle

  • Grant of ProbateWhere there is a valid will — we prove the will and obtain the High Court grant for the executor.
  • Letters of AdministrationWhere there is no will — we obtain the grant for the administrator, and arrange the administration bond and sureties.
  • Small Estate DistributionFor estates not exceeding RM5 million, handled through the Estate Distribution Unit at the Land Office rather than the High Court.
  • AmanahRaya (summary administration)For smaller estates of movable property (RM50,000–RM600,000), a faster route we can advise on and coordinate.
  • Resealing foreign grantsRecognising a Commonwealth grant in Malaysia so overseas-appointed representatives can deal with Malaysian assets.
  • Distribution & winding upCalling in assets, settling debts and taxes, and distributing to beneficiaries with proper accounts.

How it works

01

Identify the route

We work out — from the will, the estate value and its assets — whether it is probate, administration, small estate or resealing.

02

Obtain the grant

We prepare and file everything, handle the bond and sureties where needed, and secure the grant.

03

Administer & distribute

We call in the assets, settle what is owed, and distribute to the beneficiaries with a clear account.

Questions about probate & estate administration

How long does probate take in Malaysia?

A straightforward grant of probate (with a valid will) commonly takes around 4–9 months. Letters of administration for an intestate estate usually take longer — 8–15 months or more — because of the administration bond and the need to identify beneficiaries. Contested or complex estates take longer again.

What is the difference between probate and letters of administration?

Probate is granted where there is a valid will — it confirms the executor’s authority. Letters of administration are granted where there is no will (or no willing executor) — the court appoints an administrator, who usually must provide an administration bond with two sureties. We handle both.

My relative’s estate is small — is there a simpler route?

Possibly. If the estate does not exceed RM5 million it may qualify as a “small estate” dealt with by the Estate Distribution Unit at the Land Office. Estates of movable property between RM50,000 and RM600,000 can often be administered by AmanahRaya without going to the High Court. We will tell you which route is fastest for your situation.

Is there inheritance tax or estate duty in Malaysia?

No. Estate duty was abolished in Malaysia on 1 November 1991, so there is no inheritance tax on the estate itself. Real property gains tax (RPGT) and stamp duty can still apply when assets are later sold or transferred, and we advise on those.

One calm conversation is a good place to start.

A complimentary 20-minute call, no obligation. If it helps, a full estate-planning consultation follows — RM350, credited against your fees if you proceed within 60 days.

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