Probate & Estate
Administering and distributing an estate carefully, when it matters most.
Introduction
Administering a deceased person's estate involves both authority and arithmetic. You need the legal right to act before you can sign anything, and you need to account correctly for assets that are often scattered across a bank account, a property and items nobody has valued for years.
We handle grant of probate, letters of administration, small estate distribution orders, resealing, and the administration itself through to distribution. Where a will exists, we explain what it does and, just as importantly, where it may not do what the person intended.
What this covers
Dealing with an estate is rarely just paperwork. There are applications to make, assets to identify and value, creditors to be notified, and family members who may not know what has happened. We take the whole administration on, from the first application through to the final distribution and receipt.
- Grant of probate (intestate and testate)
- Letters of administration
- Small estate distribution orders
- Resealing of foreign grants
- Estate asset search, valuation and accounting
- Will drafting, review and estate planning advice
- Distribution, disclaimers and estate closure
- Contested wills and beneficiary disputes
Choosing the right application
The type of grant you need depends on the deceased's circumstances. Where there is a valid will and an appointed executor, the court grants probate. Where there is no will, or the named executor cannot act, an administrator is appointed by letters of administration. Where the whole estate is below the statutory threshold, a small estate distribution order is a much simpler and cheaper route.
We will tell you which route applies and what it will cost before we begin, so you are not left with a bill that surprises you.
What administering an estate involves
Administration normally runs as follows: obtain the grant; identify and collect assets such as bank balances, investment holdings, property and vehicles; collect the original will and death certificate; notify banks and organisations of the death; identify and pay valid creditors; and then distribute what remains to the beneficiaries.
Keeping proper estate accounts is not optional. Beneficiaries are entitled to see what came in, what went out, and what is left. An accurate set of accounts also protects the administrator if the estate is later disputed.
Wills and estate planning
A will is the cheapest way to protect your family from cost, delay and family conflict. It should be signed properly, ideally witnessed, and it should be reviewed when your family, property or tax position changes. We also advise on how assets should be held so that they pass under the will rather than outside it.
Choosing the right route matters more than you might think
There are three ways to get authority over an estate in Malaysia, and they differ enormously in cost and time. A small estate order is a fraction of the cost of a full administration. Picking the wrong one is the most expensive mistake in this area, and it is usually made in the first week when nobody has had time to think.
Keeping the estate accounts right
The accounts are the part that causes the arguments. Beneficiaries are entitled to know what came in, what went out and what is left, and an administrator who cannot show that is in trouble. We set up a proper estate account from the start, issue receipts for everything, and produce a clear statement at the end.
What to bring
- The original will, if one exists
- The death certificate
- The deceased's identity documents and any previous grant
- Details of assets and liabilities, including property titles and bank account details
All practice areas and services
The material on this page is general information about our services, not advice on your particular situation. Fees, timescales and requirements depend on the facts of each matter and may change. Please speak to TER CHAMBERS before acting on anything set out here.
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Reach us by WhatsApp or email, or visit our office in Taman Intan, Klang. We serve clients across the Klang Valley and beyond.