Probate Lawyer in Malaysia: Scope, Documents, Costs and How to Get a Quotation

If you are named as executor in a will and need a grant of Probate, a responsible quotation should only be given after the lawyer has looked at the will, the executors, the assets and whether the application is genuinely non-contentious. A case that looks simple can change in scope if the original will is problematic, another executor cannot act, the asset information is incomplete, or someone has entered a caveat or objection.

This guide explains when to appoint a Probate lawyer, what information and documents are needed for a quotation, what the work usually covers, what drives the cost, and which items are often excluded. It does not give one price for every case, because the actual scope depends on the facts and the work required.

Quick summary

• A responsible quotation looks at the will, the executors, the assets and whether the matter is non-contentious before giving a figure.

• There is no single standard figure. Cost depends on the number of executors, the type of assets and whether post-grant work is included.

• Check the exclusions. Contentious Probate, caveats and overseas assets usually need a separate scope.

• Basic documents for a quotation: the death certificate, the will, and a list of assets and liabilities.

When should you contact a Probate lawyer?

Consider an initial assessment if:

• you are named as executor in a will;

• the testator has died and the assets cannot be dealt with on the strength of the will alone;

• a bank, the land office, a company or another institution is asking for a grant of representation;

• you are not sure whether you need Probate or a Letter of Administration;

• there is more than one executor;

• another executor has died, refuses or cannot act;

• the original will or the asset documents are incomplete; or

• you need to plan not just the grant application but also the administration work after the grant.

Under the Probate and Administration Act 1959 (Act 97), Probate may be granted to an executor appointed by the will. The Rules of Court 2012 set out the High Court procedure for non-contentious Probate, with separate rules for contentious Probate. If a real dispute arises about the will or about who is entitled to the grant, the route and the cost can change significantly.

The official Malaysian Government portal (malaysia.gov.my) also explains that where a non-Muslim deceased left a will, the estate follows the large-estate route to the High Court, and that large-estate applications are filed by a lawyer. For a Muslim estate, the Syariah and faraid position must be checked separately. If you are unsure which grant applies, see Grant of Probate vs Letter of Administration in Malaysia: Which One Applies?

What does the lawyer need to know before quoting?

To define the scope accurately, a lawyer will usually need to understand at least the following:

That is why a quotation based only on "what is the estate worth?" may not reflect the real work involved.

"Clients always ask about cost at the start of the call. The more important question is what the actual scope of the work is, because two cases that look the same on the surface can be very different once we review the will and the position of the assets," says Akmal Saufi Mohamed Khaled, lawyer and principal of ASCOLAW (Messrs Akmal Saufi & Co).

Documents for an initial quotation

For a first assessment, send whatever you have of:

• the death certificate;

• the will;

• identity card and details of each executor;

• a list of known beneficiaries and heirs;

• a list of assets with estimated values;

• the land title or a land search, if any;

• available bank, share or investment statements;

• details of debts, charges or other liabilities;

• details of any executor who is unwilling or unable to act; and

• a summary of any objection, caveat or dispute.

This is a document pack for a quotation and initial assessment, not a promise that the same list will be the final filing list. The Registrar or the Court may ask for further evidence or explanation.

What can a Probate lawyer's scope include?

Depending on the engagement, the scope can include:

1. Reviewing the grant route. Deciding whether the facts point to a grant of Probate, a Letter of Administration, another form of grant or an issue that needs a different step.

2. Reviewing the will and the executors' position for the application. Identifying which executor(s) will apply and any preliminary issues to deal with before filing.

3. Organising the estate information. Collecting the basic information on the deceased, executors, beneficiaries, assets and liabilities needed to build the application.

4. Preparing the Court documents. Preparing the appropriate documents and affidavit or oath for the application under the applicable procedure.

5. Filing and handling queries. Filing the application and responding to queries or additional requirements that come up in the ordinary process.

6. Attending to or handling any required Court steps. The actual scope depends on how the application is directed and any issues that arise.

7. Post-grant steps. If included in the engagement, this can involve using the grant with banks, the land office or other institutions, and administering assets before distribution.

ASCOLAW acts for executors in applications for a grant of Probate in the High Court and handles related work according to the agreed scope.

What may not be included in a basic quotation?

Read any quotation together with its exclusions. Items that may need an additional scope include:

• contentious Probate or a challenge to the will;

• caveats and related applications;

• searching for or reconstructing a problematic will;

• assets outside Malaysia;

• selling property;

• transfer or registration of property after the grant;

• disputes between beneficiaries;

• third-party claims against the estate;

• complex accounts or assets; and

• tax, valuation or other third-party professional work.

If any of these might arise, ask for the quotation to state whether each is included, excluded or charged under a separate scope.

How much does a lawyer charge for a grant of Probate?

There is no single figure that can safely be applied to every application without looking at the scope.

Cost can be affected by:

• the number of executors;

• the condition of the will;

• the number and type of assets;

• how many institutions need to be dealt with;

• whether there is property;

• whether the asset documents are available;

• queries or additional requirements during the process;

• whether post-grant work is included; and

• whether the matter stays non-contentious or becomes disputed.

As well as professional fees, a quotation should explain the expected disbursements or third-party costs where these can be identified at that stage.

Questions to ask before appointing a lawyer

Before accepting a quotation, ask:

• Do you see this as an ordinary Probate application, or are there additional issues?

• What work is included up to the issue of the grant?

• Is the post-grant work included?

• What is excluded?

• What disbursements should I expect?

• What happens to the quotation if a caveat or objection is raised?

• Which documents do I still need to obtain?

• Will property, shares or particular assets need separate work after the grant?

A useful quotation should help you understand the scope and the boundaries of the work, not just give you one number.

How does the matter start once you accept the quotation?

In general:

1. the facts and initial documents are confirmed;

2. the scope of the engagement is agreed;

3. any missing information and documents are collected;

4. the application is prepared on the route identified;

5. the filing and Court steps are handled; and

6. after the grant, the administration work continues to the extent it is within scope.

When is it no longer an "ordinary Probate" quotation?

Tell the lawyer at the outset if:

• someone is disputing the will;

• a caveat has already been entered;

• there are two or more wills;

• the original will is lost or damaged;

• the main executor has died or renounced;

• the parties are in conflict over who should control the estate; or

• there are assets or beneficiaries outside Malaysia.

This avoids a quotation being built on the assumption that the application is uncontested when the facts suggest otherwise.

How ASCOLAW can help

Prepare a one-page summary of the deceased, the will, the executors and the assets, and attach whatever basic documents you have. ASCOLAW will review the grant route and the likely scope, tell you which further documents are needed, and set out in the quotation what is included and what is not. Better-organised initial information usually allows the scope to be defined more accurately. Fill in the ASCOLAW enquiry form below and our team will contact you.

Frequently asked questions

How long does it take to get a quotation after I send the documents?

It depends on how complete the information is. A more organised summary and set of documents usually allows the scope and quotation to be settled more quickly.

Does the quotation include work after the grant of Probate is issued?

Not necessarily, unless the scope says so. Some post-grant administration work, such as dealing with banks or registering property, may be charged separately.

What if the actual cost goes above the original quotation?

This usually happens when the facts change from the original assumptions, for example a caveat, a dispute or additional assets are discovered. A good quotation explains how changes in scope will be handled.

Do I need all the documents before contacting a lawyer?

No. Send what you have first; the lawyer will tell you which further documents are needed for your case.

This article is general information only and is not legal advice. Every estate and every set of facts is different. Obtain specific advice from a qualified lawyer before acting on any part of it.

Related guides

• Grant of Probate vs Letter of Administration in Malaysia: Which One Applies?

• Can a Beneficiary Replace the Executor Named in a Will in Malaysia?

• Letter of Administration in Malaysia

• Simple Guide to Changing the Name on a Land and House Title After a Death