Resealing of Probate in Sarawak

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Q1: What is a Probate?

A1: A probate is an official or legal document issued by the relevant authority in order for the executors to execute the deceased’s estates in accordance to his wishes stated in his last will and testament.

Q2: What is resealing of Probate?

A2: Resealing of Probate is a legal process to allow a Probate issued by other jurisdiction to be valid in our jurisdiction so that the executors can gain the authority to execute the Probate accordingly.

Q3: Why there is a need to apply for resealing of Probate in Sarawak?

A3: When the deceased from West Malaysia possessed property in Sarawak and the deceased stated the said Sarawak property in his last will and testament. Upon the death and the grant of probate of the deceased, the executors of the deceased shall apply for resealing of Probate in Sarawak in order to execute the deceased’s property in Sarawak.

Q4: What happen if the Sarawak property is not stated in the probate of the deceased?

A4: If the Sarawak property is not stated in the probate of the deceased, the executors shall apply a new probate in Sarawak affecting the said Sarawak property, being the estates of the deceased for the purpose of its execution.

Q5: Who will be in charge of approving the application of resealing of Probate in Sarawak?

A5: In Sarawak, Amanah Raya Berhad will be the main authority in charge if the deceased is the non-natives or foreigners. District Office deals with property of Malay and native Sarawak.

Q6: Can we submit the application of resealing of Probate in Sarawak to the High Court?

A6 Yes, you can submit the same to the High Court only if your application of the same to the Amanah Raya Berhad is contested.

Q7: What are the documentations required for the resealing of Probate?

A7:
(i) Original Death Certificate of the deceased
(ii) Original last will and testament
(iii) Certified true copy of the Executor’s IC
(iv) Certified true copy of the properties’ details
(v) All the relevant documents of the movable/immovable properties of the deceased (please consult lawyer).

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 
Amy Lo Mei Chin
Partner, Lo & Partners

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