In Malaysia, Probate and Letters of Administration (LA) are legal processes related to administering the estate of a deceased person, ensuring that their assets are distributed according to their wishes (if a will exists) or as per the law (if no will exists). Here’s an explanation of each:
1. Probate
• Definition: Probate is a legal document issued by the High Court that gives the executor named in the deceased person’s will the authority to manage and distribute the deceased’s assets according to the terms of the will.
• When it Applies: Probate is only required if the deceased left a valid will.
• Process: The executor of the will applies to the court for a grant of probate. Once granted, the executor can access and distribute the deceased’s assets as instructed in the will.
2. Letters of Administration (LA)
• Definition: Letters of Administration (LA) is a legal document issued by the High Court that authorizes an administrator to manage and distribute the deceased’s assets when there is no will.
• When it Applies: LA is required when the deceased died intestate (without a will).
• Process: An interested party (usually a close family member) applies to the court to become the administrator of the estate. The court will then appoint an administrator, who has the responsibility of distributing the assets according to the Distribution Act 1958, which outlines the legal distribution for intestate estates.
Key Differences
• Probate is granted when there is a will, allowing the executor named in the will to distribute the assets as per the deceased’s wishes.
• Letters of Administration are issued when there is no will, appointing an administrator to distribute the estate according to statutory guidelines.
In both cases, these processes are essential to manage the estate legally, ensuring proper distribution and preventing disputes among beneficiaries.