3. Probate and Administration of Estate

3.1 Receiving of Application

As-Is Process

  1. Applicant presents his/her application at the registry.

  2. Court clerk presents a probate case to the magistrate in charge.

To-Be Process

  1. Applicant submits application to the magistrate in charge at the registry.

3.2 Admission of Application

As-Is Process

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

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

  3. Magistrate 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 resident magistrate in charge, the court clerk informs the applicant the reason(s) for the return of the application.

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 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 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 of the resident magistrates’ court assigns the probate case file that was registered in the resident magistrate register to a particular magistrate at the resident magistrate court.

  2. Magistrate in charge of the resident magistrates’ court may assign the probate case file that was registered in the district register to a magistrate at the district court.

  3. Magistrate In charge returns probate case file to court clerk to present to the assigned magistrate for orders.

  4. 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. Magistrate hears probate case.

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 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 magistrate closes the probate file.

To-Be Process

  1. Assigned magistrate to close the probate file.