Applying For Probate and Letters of Administration in Sabah
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Differences between Probate and Letters of Administration:
| Particular | Probate | Letters of Administration |
|---|---|---|
| What is Probate and Letters of Administration? | A legal document issued by the High Court of Sabah and Sarawak when a person dies leaving a valid will and having appointed an executor. | A legal document issued by the High Court of Sabah and Sarawak when a person dies without a valid will (intestate). |
| Who is the authority in charge of the application of Probate or Letters of Administration in Sabah? |
The High Court of Sabah and Sarawak.
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The High Court of Sabah and Sarawak.
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| Who can apply for Probate or Letters of Administration? | The executor named in the Deceased’s Last Will and Testament. | The next of kin of the Deceased who shall obtained the consent from all other next of kin. |
| How long does the Probate and Letters of Administration process take in Sabah? | 3-6 months. | 3-6 months or a longer period of time. |
| What happens if someone dies without Last Will and Testament in Sabah? | NIL. | The Deceased’s estates will be distributed according to Intestate Succession Ordinance 1960 (for Non-Muslims). |
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Who are next of kin?
The Deceased’s parent/parents, spouse and child/children who are surviving the Deceased.
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What are the basic documentations required for the application of Probate or Letters of Administration?
(i) Death Certificate;
(ii) Identity Card of the Executor or Administrator;
(iii) Identity Card of all beneficiaries;
(iv) Original Will; and
(v) All the relevant information of the movable/immovable properties of the Deceased.
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Can I apply the Probate or Letters of Administration obtained in Sabah for the Deceased’s properties in Sarawak/ West Malaysia?
Yes. You need to apply for resealing. However, you should consult a lawyer on this issue.
If you have any questions or require any additional information, please contact our lawyer that you usually deal with.
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