A Grant of Probate is a document issued by the High Court to appoint executor(s) to manage and distribute the Deceased’s estate according to the Will.

It is the simplest and quickest way to legally access and transfer the Deceased’s assets for example property(s), bank funds, unit trusts, shares, and insurance claims. Without it, institutions will not release the assets.

• Grant of Probate: Deceased left a Will, and executor(s) are named.
• Letters of Administration: Deceased did not leave a Will (intestate), or the Will is invalid, or there are no named executors.

Only the executor(s) named in the Will can apply. If more than one executor is named, they must apply jointly.

Yes, but it becomes significantly harder once probate is granted. Disputes should ideally be raised before the grant is issued.

• Original death certificate
• Original Will
• NRIC of Deceased, Executor(s), and Beneficiaries
• List of assets & liabilities
• Supporting documents (property titles and/or details, bank statements, EPF/insurance policies, car ownership, etc.)

You must apply for a Grant of Probate with a copy of the Will, but you’ll need to prove its validity. The court may require affidavits from witnesses or other evidence such as statutory declaration.

Yes. If the Will is in another language, a certified translation must be provided for the probate process.

Yes. A complete list of assets is required for court filing and estate valuation purposes. Any missed assets can delay the process and you may need to apply application to amend the said list once the Grant of Probate is issued.

We digitize and manage the entire process, from documents collection to court submission through our legal partners. You get transparency, guidance, and support every step of the way.

You can start online via the SmartWills portal or contact us via WhatsApp or call.

Not necessarily at the beginning (ie. Documents collection). If there’s no disputes, you will only need to attend to our representatives once for signing of the cause papers and attending the court Hearing once the Hearing date is fixed. SmartWills offers a fully digital experience, but in some complex cases, an in-person meeting with our legal partners and/or Commissioner For Oaths may be arranged.

We make sure the Will was drafted correctly, and complies with the Wills Act 1959.

Yes. SmartWills’ clients get access to a portal or regular email updates on each stage: document review, affidavit preparation, court filing, and issuance of the sealed Grant of Probate.

Fees depend on estate complexity but are generally transparently priced. Large estates or contested wills may cost more.

No. All fees are disclosed upfront upon documentations perused by our representatives. Additional services (e.g., trust establishment, land transfer) will be quoted separately (if necessary)

Yes. Court disbursements are included unless stated otherwise.

• Simple estate with all documents: 3–6 months
• Complex or contested cases: 6–12 months or longer
  Delays may happen due to court backlog, asset verification, or disputes.

No. Malaysia abolished inheritance tax in 1991. But stamp duties, legal fees, and real property gains tax (RPGT) may still apply during asset transfers.

That executor can renounce their role. The secondary executor or beneficiary (if there’s no secondary executor named) may then apply for “Letter of Administration with Will Annexed.”

Yes. This is very common. Many Wills name a spouse or child as both executor and beneficiary.

Debts must be settled before distribution. It is the duty of Executor to pay off the Deceased’s liabilities before distributing the assets.

Yes, but only if stated in the Will or approved by the beneficiaries.

The executor must make reasonable efforts to find them. If they cannot be found, funds may be held in trust or paid into court.

Yes, if documents are incomplete, the Will is invalid, or there is someone challenging the Will. SmartWills ensures documents are in order to minimize this risk.

The probate process is paused until the dispute is resolved in court. SmartWills can refer you to expert estate litigation lawyers.

You may need to reseal the probate in that jurisdiction. SmartWills can coordinate with overseas legal partners if required.

Yes. As long as the Deceased owned assets in Malaysia and had a valid Will, SmartWills can assist.

Yes, but we must verify it complies with Malaysian probate standards. A certified translation may be needed.

Once a GOP has been issued, the Executor can distribute the estate according to the Will, and following all due legal process.

Yes. We offer post-probate services by our legal partners.

Not at the moment.

Their share will be held in trust by the Executor and/or Trustee until they reach majority age or above (depends on the instructions of the Will).

No. SmartWills is a digital estate planning platform and we work together with licensed legal practitioners.

We use end-to-end encryption and comply with Malaysia’s Personal Data Protection Act (PDPA) to ensure your information stays confidential.

Yes! We offer referral rewards. Just contact us to generate your referral link and rewards will be offered.

No. We offered that separately.