Understanding the Difference Between Probate and Letters of Administration

Losing a loved one is difficult enough without having to deal with paperwork, legal processes and uncertainty. Yet for many families, questions about what to do next arise when it comes to dealing with the deceased’s assets, accounts or property.

A common question we receive is: “Do I need to apply for probate or letters of administration?”
The answer depends on whether the person who passed away left behind a valid will.

When There Is a Will, You Apply for Probate

If the deceased left behind a valid will, the person named as executor will need to apply for a grant of probate. This is a legal document issued by the court confirming the executor’s authority to manage and distribute the deceased’s estate according to the terms of the will.

The executor will need to gather details of the assets, obtain relevant documents (including the original will) and submit an application through a lawyer. Once the grant is issued, banks, land offices and other authorities will recognize the executor’s authority to act.

When There Is No Will, You Apply for Letters of Administration

If the deceased passed away without a will (referred to as dying intestate), then a next of kin typically the spouse, adult child or parent must apply for letters of administration. This is a court order appointing someone to manage the estate in the absence of a will.

In these cases, the law determines how the estate will be distributed, not the family’s wishes. Assets are divided according to rules under Malaysian inheritance law, which can sometimes surprise or even upset surviving family members.

The Process Can Feel Overwhelming But It Doesn’t Have to Be

Whether it’s probate or letters of administration, both processes require time, formal documents and compliance with legal procedures. It can feel overwhelming if you’re also dealing with grief and family responsibilities.

We assist our clients in handling the paperwork and preparing court documents so you don’t have to go through this alone.

We’re Here to Make the Process Smoother

At Messrs Alicia Nicholson, we understand the emotional weight that comes with handling someone’s affairs after death. Our approach is professional, efficient and above all respectful of your time and situation.

Whether you already know what’s needed or are still unsure, we’ll guide you step by step. From identifying the right person to apply, to getting the court order issued, to ensuring the estate is distributed properly, we’re here to help you do it right.