Letters of Administration Malaysia

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Letters of Administration Malaysia are legal documents issued by the respective authorities in Malaysia to enable the administrator to distribute the deceased’s assets who died without making a valid Will. If the deceased who is a non-Muslim Malaysian has died intestate (which means without leaving a Will) in Malaysia, the next of kin or even a creditor can be an administrator to apply for the Grant of Letters of Administration. This can be done through our probate lawyers.

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How to Apply for 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:-

Letter of Administration Charges for Amanah Raya Bhd

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:-

Small Estate Processing Fee

Legal Terms Used in Letters of Administration Malaysia

Listed below are the meanings of some important legal terms used in the Grant of Probate Malaysia:-

 

  • testator – the person who writes a will or the deceased whose estate is to be distributed.
  • executor – the person named in the Will. Upon the testator’s death, the executor will ensure that the wishes of the deceased are followed exactly.
  • administrator – the person to administer the estate if no executor of the Will is named.
  • intestate – the deceased died without making a Will.
  • testate – the deceased has made a Will.
  • movable assets – cash in hand, savings in the banks, shares, vehicles, jewelleries, valuable goods, etc.
  • immovable assets – land and buildings, all types of real properties including residential, commercial, industrial or agricultural.
  • intellectual properties – copyrights, trademarks, patents or trade secrets.
  • digital inheritance – cryptocurrencies, websites and NFTs.
  • estate administration – the process of determining the rights and legal transfer of ownership of all possessions and assets upon the death of the testator.

Summary for Letters of Administration Malaysia

Applying for the Grant of Probate is the most straightforward procedure and it takes the shortest time but it is only possible if the deceased has left a valid Will. The procedure for the release of the deceased’s estate in Malaysia depends entirely on whether there is a Will as well as on the value of the estate.

On the other hand, if there is no Will, the distribution of the deceased’s estate becomes very complicated and takes a much longer time to settle the estate. The distribution of the deceased’s estate is done through the application of the Letters of Administration. This can be filed either to the High Court, a District Land Office or the Amanah Raya Berhad, depending on the value of the estate.

On the other hand, upon the death of Malaysian Muslims, their estates will be distributed according to the hukum faraid under the Islamic Syariah Laws. After obtaining the requisite faraid certificate from the religious authority, the Muslim representative will apply to the Court for the Grant of Letters of Administration of the deceased’s assets which exceed RM2million or to the Bahagian Harta Pusaka Kecil where applicable.

Basically, estate administration is very important to ensure that the right family members or heirs receive your assets according to your wishes.

In conclusion, having proper estate planning or having your Will made is utmost important. Not having a Will may lead to complications, disagreements and even family feud.

It is advisable to consult our probate lawyers to discuss your case and provide for the necessary submissions. Our lawyers can prepare for you a Will to distribute your assets according to your wishes and to safeguard your loved ones. We take the time to listen and explain the legal implications of your plans for your estate. If you need any legal advice, please do not hesitate to contact us.

Our Services

Our panel of qualified, experienced and professional probate lawyers specialised in resolving disputes and expediting the process of Letters of Administration application. We provide a wide range of legal services and support including the following:-

  • providing advice on the terms and restrictions stipulated in Wills.
  • providing advice on the fiduciary duties and responsibilities of an administrator to manage and distribute the inheritance.
  • advising beneficiaries of the estate regarding their rights.
  • applying to the Malaysian High Court or the Amanah Raya Berhad or the District Land Administrator for the Letters of Administration depending on the value of the estate.

Why Choose Us for Letters of Administration Malaysia

  • Professionalism

Our probate lawyers conduct our legal duties with professionalism. All information given by our clients will be kept strictly confidential. All cases will be handled professionally and efficiently.

  • Experienced and reliable service

We are a trusted law firm with highly qualified and experienced lawyers giving you reliable legal service which you can trust. We specialize in Will writing, Grant of Probate and Letter of Administration application.

  • Speed

We have a proven track record of settling clients’ cases fast and efficiently. All our clients have expressed their satisfaction concerning our service.

Contact us today to get legal advice from us.

Need A Consultant?

Need professional advice on Letters of Administration? Contact us now. We are an experienced panel of probate lawyers and we will assist and guide you in your application for the Letters of Administration to manage and distribute the assets of the deceased.

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Frequently Asked Questions (FAQ)

1. What should I do if my deceased family member does not have a valid Will?

Get our probate lawyer to apply for the Letters of Administration for the family.

 

2. What documents are needed for the application of the Letters of Administration?

The documents needed are:-

  • the Death Certificate
  • Identity Card of the administrator
  • Identitiy Cards of the beneficiaries
  • list of assets of the deceased
  • list of liabilites of the deceased
  • any other documents the lawyer may need from time to time

 

3. Who is the administrator?

The person who will manage and distribute the estate of the deceased.

 

4. How long will the application of the Letters of Administration take?

This can take about 6 months or up to even 2 years depending on the complexity of the case.

From Our Clients

The following are some of the complimentary comments from our previous clients:-

“Happy with the legal service. The probate lawyers give us practical and workable solutions to resolve our family conflicts and issues concerning our father’s inheritance.”

Cheryl Ho

“The lawyers are very understanding and patient with us. Willing to listen and explain the intricacies of the inheritance law and the legal complications.”

Ranjit Singh

“Good job and great service!smile

Jason Chew

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