Grant of Probate Application (Malaysia)
AFFIDAVIT OF EXECUTOR IN SUPPORT OF APPLICATION FOR GRANT OF PROBATE
Probate and Administration Act 1959 (Act 97) | Order 71, Rules of Court 2012 | [Deceased Domicile] High Court
IN THE MATTER OF THE ESTATE OF [Deceased Name], DECEASED
Application Date: [Application Date]
PART A: DECEASED'S PARTICULARS
Full name: [Deceased Name]
MyKad No.: [Deceased IC]
Date of death: [Date of Death]
Last known address: [Deceased Last Address]
State of domicile at death: [Deceased Domicile]
PART B: EXECUTOR'S DECLARATION
I, [Executor Name] (MyKad/Company No.: [Executor IC]), of [Executor Address], [Executor Relationship] of the above-named deceased, hereby MAKE OATH and say as follows:
1. The above-named [Deceased Name] died on [Date of Death] at [Deceased Last Address], domiciled in [Deceased Domicile], Malaysia.
2. The deceased left a Will dated [Will Date] (the "Will"), which is now lodged at [Will Location], together with [Codicil Details].
3. The Will was duly executed in accordance with Section 5 of the Wills Act 1959 (Act 346) — signed by the testator and attested by two witnesses present at the same time.
4. I am the executor named in the Will and I am willing to take upon myself the administration of the estate of the deceased in accordance with the Will.
5. I am not aware of any other Will or codicil made by the deceased, or any other document purporting to be the deceased's Will, other than as stated above.
PART C: ESTATE SUMMARY
Gross estate value: [Gross Estate Value]
Main assets: [Main Assets]
Total liabilities: [Total Liabilities]
A full inventory of the estate in Form 73 under Order 71 of the Rules of Court 2012 is filed separately with this application.
PRAYER
WHEREFORE I humbly pray that this Honourable Court be pleased to grant Probate of the Will of the said [Deceased Name], deceased, to me as the executor named therein.
SWORN by [Executor Name] on [Application Date].
Executor (Deponent)
________________
Signature
Commissioner for Oaths / Judge
________________
Signature
What Is a Grant of Probate Application (Malaysia)?
A Grant of Probate Application in Malaysia supports the grant of authority to administer a deceased person's estate.
Without a Grant of Probate, banks, insurance companies, land registries, and other institutions will not allow the executor to deal with the deceased's assets. Section 3 of the Probate and Administration Act 1959 provides that no administration action shall be taken in respect of the estate until the court has granted probate or letters of administration. Financial institutions in Malaysia — including Maybank, CIMB, Public Bank, and others — require a sealed and certified copy of the Grant of Probate before releasing funds held in a deceased's account.
The application for a Grant of Probate is made by filing an originating summons (OS) at the High Court Probate Registry in the state where the deceased was domiciled at the time of death. For estates in Peninsular Malaysia, the probate is filed at the relevant state High Court — for example, the Shah Alam High Court for Selangor estates or the Kuala Lumpur High Court (Jalan Duta) for Federal Territory estates. In Sabah, the Kota Kinabalu High Court handles probate matters, and in Sarawak, the Kuching High Court has jurisdiction.
The executor must file: the original will, an affidavit of executor verifying the will, an inventory of the deceased's estate (Form 73 under the Rules of Court 2012), and such other documents as the Registrar requires. If the will is contested by any person — for example, on grounds of lack of testamentary capacity, undue influence, or defective execution under Section 5 of the Wills Act 1959 — the probate proceedings become contentious and are transferred to the open court for hearing before a judge.
Amanah Raya Berhad (ARB), established under the Amanah Raya Berhad Act 1995, has standing to apply for a Grant of Probate as executor named in a will without engaging separate advocates and solicitors in certain circumstances, though in practice most probate applications are filed by a firm of advocates and solicitors registered with the Malaysian Bar.
The legal framework governing the Grant of Probate Application (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Grant of Probate Application (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1959 (Act 346) sets the foundational requirements.
When Do You Need a Grant of Probate Application (Malaysia)?
A Grant of Probate in Malaysia is needed whenever a person dies leaving a valid will naming an executor, and the estate includes assets that require the executor to have formal legal authority to deal with them.
A Grant of Probate is needed when the deceased held real property registered under the National Land Code 1965 (Act 56) in their sole name. The Land Registry in the relevant state will not register a transfer of the property to beneficiaries without a sealed Grant of Probate or Letters of Administration.
A Grant of Probate is required when the deceased held bank accounts, fixed deposits, or investment accounts valued above the threshold set by the financial institution. Banks in Malaysia, including Maybank, CIMB, and Public Bank, require a sealed Grant of Probate before releasing funds from accounts held in the sole name of the deceased.
A Grant of Probate is needed when the deceased held shares in a public company listed on Bursa Malaysia Securities Berhad. The share registrar requires a sealed Grant of Probate or Letters of Administration before transferring shares to the beneficiaries under the Securities Industry (Central Depositories) Act 1991 and CDS account transfer procedures.
A Grant of Probate is required when the deceased left debts owed to them — such as loans to third parties, outstanding salaries, or contractual payments — and the executor needs legal authority to collect those debts and bring action if necessary before the Sessions Court or High Court of Malaya.
A Grant of Probate is needed when the estate value is substantial and involves complex assets — multiple properties in different states, overseas assets, shares in unlisted companies, and intellectual property — requiring the executor to have clear legal authority across all asset classes and jurisdictions.
What to Include in Your Grant of Probate Application (Malaysia)
A Grant of Probate application in Malaysia under the Probate and Administration Act 1959 must contain the following essential elements.
Originating Summons (OS): The executor files an originating summons at the High Court Probate Registry in the state of the deceased's domicile, naming the applicant as executor, identifying the deceased, and asserting the validity of the will. The OS is prepared by the executor's advocates and solicitors under Order 71 of the Rules of Court 2012.
Original Will: The original will, executed under Section 5 of the Wills Act 1959 (signed by the testator and attested by two witnesses), must be lodged with the court. The court Registrar will examine the will for formal validity before issuing the grant.
Affidavit of Executor: The executor must swear an affidavit confirming: their identity and relationship to the deceased; that the testator was domiciled in Malaysia at the time of death; that the will was duly executed; and that the executor is willing and able to administer the estate.
Inventory of Estate (Form 73): An inventory of all assets and liabilities of the estate must be filed, specifying each asset with particulars and estimated value in Malaysian Ringgit (RM). The inventory forms the basis for the court's assessment of estate duty (historically) and for the executor's administration accounts.
Death Certificate: A certified copy of the death certificate issued by the National Registration Department (Jabatan Pendaftaran Negara, JPN) must be exhibited to the executor's affidavit.
Court Fees and Stamps: Court filing fees under the Rules of Court 2012 and Stamp Act 1949 are payable to the High Court Probate Registry. The originating summons must be stamped under the Stamp Act 1949 before filing.
Sealed Grant: Upon the Registrar's satisfaction that the will is valid and the application is in order, the court issues a sealed Grant of Probate — an official court document bearing the court seal — which the executor presents to banks, land registries, and other institutions to prove their authority to administer the estate.
Additional compliance elements for a Grant of Probate Application (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Grant of Probate Application (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/estate-planning/estate/grant-of-probate-malaysia
"Grant of Probate Application (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/estate-planning/estate/grant-of-probate-malaysia.
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author = {{Forms Legal}},
title = {Grant of Probate Application (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/estate-planning/estate/grant-of-probate-malaysia}},
note = {Free legal document template. Based on Wills Act 1959 (Act 346)}
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Frequently Asked Questions
The time taken to obtain a Grant of Probate in Malaysia varies depending on the complexity of the estate, the court's backlog, and whether the probate is contested. For a straightforward, uncontested Grant of Probate — where the will is clearly valid, the executor is identified, and all required documents are filed correctly — the process at the High Court Probate Registry typically takes three to six months from the date of filing. More complex estates involving multiple properties, overseas assets, or difficulties in locating original documents can take six to twelve months or longer. Contested probate proceedings — where the validity of the will is challenged before a judge — can take several years. The Kuala Lumpur High Court (Jalan Duta) and the Shah Alam High Court have dedicated Probate Registries. Engaging experienced advocates and solicitors registered with the Malaysian Bar, or appointing Amanah Raya Berhad as executor, can significantly expedite the process.
A Grant of Probate and Letters of Administration are both court orders issued under the Probate and Administration Act 1959 (Act 97) authorising a person to administer a deceased person's estate, but they arise in different circumstances. A Grant of Probate is issued to the executor named in a valid will, confirming the will's validity and the executor's authority to administer the estate in accordance with its terms. Letters of Administration are issued when the deceased died intestate (without a will) or where the will did not name an executor (or the named executor has predeceased or renounced). In the Letters of Administration process, the court appoints an administrator — typically the surviving spouse, adult children, or Amanah Raya Berhad — to administer the estate in accordance with the Distribution Act 1958 (for non-Muslims) or faraid rules (for Muslims).
Technically, an executor may apply for a Grant of Probate in Malaysia without a lawyer, but in practice the High Court Probate Registry process is complex and engaging advocates and solicitors registered with the Malaysian Bar is strongly advisable. The probate application requires drafting an originating summons under Order 71 of the Rules of Court 2012, swearing an affidavit before a Commissioner for Oaths or a Judge, preparing Form 73 (inventory), and filing all documents with the court. Errors in the application — such as incorrect identification of assets, defective affidavit wording, or missing documentation — result in rejection or delay. Amanah Raya Berhad (ARB), acting as executor, has its own legal team and can handle the probate application without the family needing to engage separate solicitors, making ARB a cost-effective option for straightforward estates.
A Grant of Probate in Malaysia may be challenged by any person with an interest in the estate on the grounds that: the will is invalid — due to defective execution under Section 5 of the Wills Act 1959, lack of testamentary capacity, or undue influence; the will was revoked under Section 14 of the Wills Act 1959 (e.g., by subsequent marriage or by a later will); the executor has failed to disclose assets or has committed a breach of fiduciary duty; or a later will exists that supersedes the probated will. A challenge is commenced by filing a caveat at the High Court Probate Registry under Order 71 Rule 37 of the Rules of Court 2012 before the grant is issued, which prevents the grant from being sealed until the dispute is resolved. After the grant has been issued, a challenge is made by applying to the court to revoke the grant, which becomes contested probate litigation before the High Court judge.
A Grant of Probate Application (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Wills Act 1959 (Act 346) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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