Letters of Administration Malaysia

The process of applying for the Letters of Administration Malaysia depends on the value of the estate and the presence of immovable properties or real estate in the composition of the assets. If the deceased has died intestate (without making a Will) the distribution of the estate is entrusted to the administrator. In Malaysia, any person or next of kin interested in the estate or even a creditor may apply for the Grant of Letters of Administration. Our lawyers can help you in this matter.

There are 3 ways to apply for the Letters of Administration Malaysia. The 3 ways are:-

1. The first way is via the High Court. The Letters of Administration must be filed with the following documents:

• Death Certificate
• Details of the applicant such as Identity Card, etc.
• List of assets and liabilites of the deceased
• List of potential beneficiaries

If the value of the estate left by the intestate is more than RM2 million, the application for the Letters of Administration must be filed in the High Court in Malaysia. This process may take between 6 months to even more than 2 years. The applicant must provide 2 sureties (which means guarantors). These sureties must be Malaysians whose assets are approximately equal in value to the value of the deceased’s estate. They can be 2 friends or family members whose estate is worth about the same value as that of the testator’s estate.

Once the Letters of Administration (LA) have been received, the administrator can transfer all the assets from the estate to his or her own name and then distribute it accordingly. The administrator has to apply to the High Court for confirmation on the distribution, as per the Distribution Act 1958.

2. The second way is for estated valued below or equal to RM600,000. This value does not include immovable property. The applicant must file the Letters of Administration through Amanah Raya Berhad, a public trustee owned by the Government of Malaysia and operating under the Public Trust Corporation Act 1995.

This whole process takes about 4-6 months for estates with property such as cash and vehicles or up to 1 year for estates with immovable assets such as real property. Any beneficiary or anyone with vested interest of the deceased can apply for the Letters of Administration. The fee is based on the value of the estate, according to the Public Trust Corporation Act 1995 and Probate and Administration Act 1959.

Below are the rough estimate charges:-

3. The third way is for estates that do not exceed RM2 million. This is applicable to estates which include immovable assets such as properties. Applications must be made under the Small Estates (Distribution) Act of 1955 and the application is filed to a District Land Administrator. The Small Estate option does not require lawyers. This option is less costly. No fee is charged by the Land Office for filing this petition. First, complete Form A of the Small Estate application. The form gives a full list of assets and liabilities of the decesaed as well as the potential beneficiaries. The documents required are:-

• Form A of Small Estate application
• Idetity Cards of birth certificates of beneficiaries
• Marriage Certificate of deceased (if any)
• Death Certificate
• Evidence of assets
• Certified true copy of land title
• Quit rent and assessment receipts

Applications are to be made at the Estate Distribution Unit of the Department of the Director-General of Lands and Mines (JKPTG) or the Land Office where the deceased’s immovable properties are located. Once an application is made, a hearing is held to determine the estate administration. This usually takes about 3 months. Applicants and beneficiaries must attend this hearing. All attendees must bring their respective identification. Once the court is satisfied that all the details are accurate, the Letter of Administration will then be issued and so will the order for the distribution of the estate.

Payment for this service is based on the value of the estate:-