3. Probate and Administration of Estate

3.1 Receiving of Application

As-Is Process

  1. Filing of a probate case/appeal at the registry.

  2. Present a probate case/appeal to the magistrate in charge.

To-Be Process

  1. Applicant submits application at the registry.

3.2 Scrutiny of Application

As-Is Process

  1. Magistrate In charge scrutinizes the correctness of the probate case/appeal.

  2. Admission, return or rejection of the probate case/appeal.

  3. Return the probate case to court clerk for Registration, amendments and assessment.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the application.

  2. Magistrate In charge admits, returns or rejects the application.

Note

  • Instant feedback is given to the applicant in case of rejection or return.

3.3 Assessment and Payment of Fees

As-Is Process

  1. Court clerk assesses fees for the admitted pleadings as per court fee rules.

  2. Court clerk generates a control number for respective fee to the applicant/appellant for payment.

  3. Applicant/appellant submits payment receipt to court clerk.

  4. Court clerk/accountant issues ERV receipt to the applicant/appellant.

To-Be Process

  1. Court clerk confirms court fees.

  2. Court clerk presents a control number for respective fee to the applicant for payment.

3.4 Case Registration

As-Is Process

  1. Court clerk registers case in the register book.

  2. Court clerk opens a respective probate/appeal file.

  3. Court clerk tables the probate/appeal file to the magistrate in charge for assignment.

To-Be Process

  1. Court clerk confirms payments and registers the case.

Note

  • Instant feedback is given to the applicant after registration.

3.5 Case Assignment

As-Is Process

  1. Magistrate In charge assigns the probate/appeal file to a particular magistrate.

  2. Magistrate In charge returns probate/appeal file to court clerk to present to the assigned magistrate for orders.

  3. Assigned magistrate fixes date for hearing.

To-Be Process

  1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge.

  2. Assigned magistrate fixes a date for hearing.

3.6 Issuing Notice to Appear

As-Is Process

  1. Court clerk issues a specific form for the applicant to announce and give notice to beneficiaries via a newspaper.

To-Be Process

  1. Court clerk extracts notice to appear for electronic and physical dispatch.

  2. On the date of first hearing/mention, the applicant submits at the registry original hard copy of the application.

3.7 Hearing Process

As-Is Process

  1. Hearing of probate case/appeal.

To-Be Process

  1. Magistrate hears probate case (through virtual court where applicable).

3.8 Appointment of Executor / Administrator of Estate

As-Is Process

  1. Magistrate appoints the Executor/Administrator of Estate.

  2. Appointed Executor/Administrator of Estate collects, distributes and prepares the inventory of the estate.

To-Be Process

  1. Magistrate appoints Executor/Administrator of Estate.

3.9 Filling of Accounts and Distribution of Assets

As-Is Process

  1. Executor/Administrator of Estate submits an inventory to the court for filing.

To-Be Process

  1. Appointed Executor/Administrator of Estate submits the inventory of the estate.

3.10 Closing of File

As-Is Process

  1. Assigned magistrate closes the probate file

To-Be Process

  1. Assigned magistrate closes the probate file