3. Probate and Administration of Estate

3.1 Receiving of Application

As-Is Process

  1. Applicant files application at the registry.

  2. Court clerk presents the application to the DR in charge.

To-Be Process

  1. Applicant submits application at the High court registry.

3.2 Admission of Application

As-Is Process

  1. DR In charge scrutinizes the correctness of the probate case.

  2. DR in charge admits, returns or rejects the probate case.

  3. DR in charge submits the probate case to court clerk for registration, and assessment of fees if the application is admitted.

  4. If the application is rejected, court clerk returns the application to applicant for amendments.

  5. If the application is returned by the DR in charge, the court clerk informs the applicant the reason(s) for the return of the application.

To-Be Process

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

  2. DR 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 for payment.

  3. Applicant submits payment receipt to court clerk.

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

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 file.

  3. Court clerk tables the probate file to the Judge in charge for assignment.

To-Be Process

  1. Court clerk confirm payments and registers the case.

3.5 Case Assignment

As-Is Process

  1. Judge in charge assigns the probate case file that was registered to a particular judge/DR.

  2. Judge In charge returns probate case file to court clerk to present to the assigned Judge/DR for orders.

  3. Assigned Judge/DR fixes date for hearing.

To-Be Process

  1. Automatic assignment based on workload per Judge/DR/ Magistrate with extended jurisdiction with intervention of the Judge in charge.

  2. Assigned Judge/DR/ Magistrate with extended jurisdiction 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. Judge/DR hears probate case.

To-Be Process

  1. Judge/DR/ Magistrate with extended jurisdiction hears probate case (through virtual court where applicable).

3.8 Appointment of Executor/Administrator of Estate

As-Is Process

  1. Judge/DR 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. Judge/DR/ Magistrate with extended jurisdiction appoints Executor/Administrator of Estate.

3.9 Filling of Accounts and Distribution of Assets

As-Is Process

  1. Executor/Administrator of Estate submits the 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 Judge/DR closes the probate file.

To-Be Process

  1. Assigned Judge/DR/ Magistrate with extended jurisdiction closes the probate file