Nov 11 2011
About Probate
About Probate
About Probate & How to apply for grant of probate in Malaysia and What is the role of executor after granted the said probate.
About probate – when someone dies with a will writing in Malaysia, executor will read the testator’s will writing in front of beneficiaries. Identified out other assets whcih is not including in Will. Thereafter his responsibilities extend to take charge of testator’s estate and appoint lawyer to apply for grant of probate from court.
Procedures of applying probate in Malaysia – Obtain original Death Certificate, original Will, a copy of Executor’s NRIC and residential address of Executor. Executor applies from the Court for Probate with list of assets and beneficiaries. Wait for court grant you a probate.
Executor role and responsibilityÂ
Once executor has granted a probate from court, next course of action will be settle the deceased’s liabilities and taxes and to submit proper tax returns. For your information, In Malaysia, estate will be distributed to the beneficiaries are after settlement of federal taxes and creditors and beneficiaries get last.
To sell off a portion of the estate / assets / properties (if necessary) upon obtaining a valuation thereof.
To paid off the federal taxes.
To settled off the creditors.
To distribute the assets (in the case of non-Muslims) according to the Will.
To distribute the assets (in the case of Muslims) among the rightful heirs according to the Faraid law and the beneficiary (if any) named in the Will by the Testator.
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