How do I apply for a probate order once my father’s passed away?

(1) Locate the Will

So, usually when the testator passed away, all the assets of the testator will be frozen upon the family member applying for the death certificate of the testator once they have made a police report in regards to the passing of the testator. 

Due to technological advances, the death certificate (usually issued by the Jabatan Pendaftaran Negara) will alert the rest of the governmental bodies, banks, land office in regards to the testator’s assets (moveable or immovable).

This is where the role of executor comes in. The executor will need to apply for a Probate Order to unfreeze the assets of the deceased(testator).

*FYI, testator means the drafter of the will. if he dies, we call him as "deceased".

Therefore, firstly, the executor will have to go locate the will written by the testator. The executor has to then execute his duty imposed on him under the will, which is to go and apply for a Probate Order before the High Court.

The executor will then go to a law firm or lawyer to get their assistance to draft cause paper or court’s paper to apply for the probate order. 

(2) Prepare the Court’s Paper to be filed at the High Court

In applying for a probate order, there are basically two main causes papers [exclude the subsidiary court’s paper such as letter of appointment and renunciation (if any)] which are:

• The petition to probate;
• Affidavit in support;

In summary, the lawyer will check with the executor for the original copy of the testator’s will, and also to verify that all the beneficiaries under the will is still living and is willing to accept the assets to be distributed accordance to the testator’s will.

If there is any beneficiaries refuse to accept, they have to “renounce” or give up their right to inherit the property via a written documents which will be filed before the court.

(3) Appear before the High Court for hearing

After the Court’s paper has been filed, the Court will fix a hearing date whereby the lawyer or the executor has to appeared before the Court.The executor has to bring the original death certificate, identification card, and also original copy of the will to show to the Court. The court will return the documents once it has view it.

The hearing is an ex-parte hearing which means there is no opposing party (such as beneficiary) appearing to challenge the petition to probate of the testator. If there is a challenge to the ex-parte hearing, the Court may fix a further date for case management to have trial of the matter to be held. The Probate Order has to be postponed if there is challenge by the beneficiaries.

(4) Court to grant the Probate Order

For non-contentious probate hearing, the court will grant the Probate Order to the executor/applicant. The lawyer will file a draft order before the High Court, and then a fair Order. The difference between these two orders are the draft order is the Court Order that has been checked and gone through by the Court’s; usually by the High Court’s registrar or the High Court Judge.

(5) Probate Order to be certified true copy

Once the fair version of the probate order has been granted, the lawyer will send the probate order back to one of the department of the High Court to get it certified true copy by the Court. In High Court of Malaya at Kuala Lumpur, the law firm will usually send it to the department that register the Power of Attorney. A fee has to be paid to the Court to get it certified.

(6) Once received the certified true copy of the Probate Order

Once the CTC probate order has been issued by the High Court department (usually law firm will ctc few copies), the CTC probate order will be delivered to the executor. The executor may pass the CTC probate order to the beneficiary or the testator himself may approach the relevant bank/governmental statutory body to serve the CTC Probate order to withdraw the testator monies that has been frozen upon the testator’s death.

(7) The beneficiary(ies)/ Testator may withdraw the testator’s assets

(i) Land office

Depending on which land offices, the beneficiary/testator needs to check where does the property that the testator’s property located at. Is it located within the Selangor district or Kuala Lumpur?

For Selangor, there are nine (9) land administrator office located respectively at 

• Pentadbir Tanah Daerah Kuala Langat
• Pentadbir Tanah Daerah Petaling Jaya
• Pentadbir Tanah Daerah Sepang
• Pentadbir Tanah Daerah Hulu Langat
• Pentadbir Tanah Daerah Klang
• Pentadbir Tanah Daerah Gombak
• Pentadbir Tanah Daerah Kuala Selangor
• Pentadbir Tanah Daerah Hulu Selangor
• Pentadbir Tanah Daerah Sabak Bernam

And there is one Registrar Land Office in Shah Alam or known as “Pejabat Tanah dan Galian Selangor” with address at :

Pejabat Tanah dan Galian Selangor Negeri  SelangorTingkat LG, G, 1, 3, 4, Bangunan Sultan Salahuddin Abdul Aziz Shah40576 Shah Alam, Selangor Darul Ehsan

The website link for PTG Shah Alam is : https://ptg.selangor.gov.my

If the property is located at Kuala Lumpur, then you may need to go and get the transfer done at Kuala Lumpur Land Office near Aras G-4, Rumah Persekutuan, Jalan Sultan Hishamuddin, 50678 Kuala Lumpur.

If the property is located at Kuala Lumpur, then you may need to go and get the transfer done at Kuala Lumpur Land Office near Aras G-4, Rumah Persekutuan, Jalan Sultan Hishamuddin, 50678 Kuala Lumpur.

However, all these transfer procedure will be handled by your appointed law firm of your choice.

(ii) Bank

For the bank, the beneficiary/executor may need to serve a copy of the CTC probate order, and all other relevant court’s paper; petition to probate and affidavit in support.

The bank may take a week or two to verify and then disburse the testator’s monies to the beneficiary in accordance with the wills. Yes, please bring a copy of the will to the bank as well.

Certain bank may need the beneficiary to sign certain statutory declaration as well. 

As every bank has their own procedure and standard operating procedure, you may need to check back with the bank, and as long you have the court’s document, you do not need to worry about the bank not disbursing the monies to the beneficiary’s bank account.

(iii) EPF

For EPF, there is no need for probate, but the nominated person has to go to the EPF with the death certificate of the testator/deceased and do a biometric scan. There will be some form to be filled up and documents to be provided to the EPF branch such as follow:

• Borang KWSP 9KM(AHL) by the beneficiary;
• death certificate of testator/deceased;
• Identification card of the beneficiary – make sure it is standard ic size, coloured, A4 format, and crystal clear for verification purpose;
• Marriage certificate (if wife is the nominee);
• The beneficiary’s bank account detail;
• Divorce court’s order (for spouse that has divorced but nominee’s name remain the wife/husband);
• Probate order/Letters of administration;
• Birth certificate (for those marriage before 1982)

(iv) Insurance Company

• Insurance company that can disburse monies with the provision of death certificate; and 
• Insurance company that may need the probate/letters of administration (court’s order) for the disbursement of monies

The beneficiary may need to fill up the nominee form with the relevant insurance companies, and the procedure may take months for the disbursement to be made to the beneficiaries.