What should I do if my father passes away with a Will?

Question: My father passed away recently. He left a Will. I am named as the Executor to the will. What should I do next?/What should I do if my father passes away with a Will?

When someone passes away leaving a Will, the Executor named in the Will must therefore carry out the instructions of the Deceased.

The Executor must file an application in Court to obtain the Grant of Probate. The Executor would appoint a lawyer to file the papers in Court to obtain the Grant of Probate.

What are the documents needed to prepare the application for a Grant of Probate: -

1.          Original Will of the Deceased;

2.          Original Death Certificate of the Deceased;

3.          Prepare the List of Assets and Liabilities of the Deceased;

4.          Prepare the List of Beneficiaries according to the Will;

5.          Locate the Witness to the Will. To obtain the Affidavit from the Witnesses.

Once the documents are prepared, prepare the Originating Summons to be filed in Court together with the Affidavit in Support, “Sumpah Pentadbir”, Notice of Appointment for Solicitors and Affidavits of the Witnesses. The Originating Summons must be filed in the High Court of Malaysia.

If the Witnesses to the Will could not be located, this situation needs to be explained in the Affidavit in Support as to why and what steps were taken to locate the witnesses.

Once the papers have been filed in Court, the Court will fix a Hearing date for the Hearing of the Originating Summons for Probate. (It must be filed under Code : 32NCVC).

During the hearing, the ORIGINAL Will and the ORIGINAL Death Certificate will be deposited in Court. The Executor must attend Court.

Once the Court grants Order in Terms to the Originating Summons, then file the “Notis Bayaran Pengeluran Geran (Kod 31 & 32) in Court. The Court will issue the Grant of Probate within a week.

Cause Papers: -

No.	Cause Papers
1.	Saman Pemula
2.	Afidavit Sokongan
3.	Sumpah Pentadbiran
4.	Notis Pelantikan Peguam Cara
5.	Afidavit Saksi 1
6.	Afidavit Saksi 2
7.	Notis Bayaran Pengeluaran Geran(Kod 31 & 32)

Sample of Affidavit in Support of Originating Summons for Grant of Probate:-