Do we need a grant of probate or letters of administration?
In respect of an estate of a deceased person consisting of movable property not exceeding RM600,000.00 or estates of small value (not exceeding RM5,000.00), the beneficiaries may apply to the corporation Amanah Raya Berhad (“ARB”), to administer the estate. Upon receiving the application, and if it thinks fit to do so,
ARB may by writing declare that it undertakes to administer and thereupon ARB will be empowered to administer as though a grant of letters of administration had been granted to ARB. ARB (Public Trustee Corporation Act 1955 – Sect 17).
In some instances, financial institutions may not insist on a grant if the amount they hold is small. In these circumstances they will normally accept evidence of death, entitlement and signing of indemnities by the executor named in the will or the persons entitled on intestacy.
Immovables always require a Grant, issued by the High Court or under the Small Estates (Distribution) Act 1955, for its transmission or transfer. The procedure under the Small Estates (Distribution) Act 1955 will not be set out herein in detail as Advocates are not allowed to appear for any party in any proceedings before the Land Administrator except with his permission (SE (D) A 1955 – Sect 31). However, briefly, under the SE(D)A 1955, the Land Administrator (including Assistant District Land Administrator appointed) of the district where the greater part in value of the immovable property is located has exclusive jurisdiction in the administration of intestate small estates. Small estates mean estates of deceased persons consisting wholly or partly of immovable property and not exceeding RM2,000,000.00 (when Small Estates (Distribution) (Amendment) Act 2008 comes into force). Any person claiming to be interested in the estate as a beneficiary or creditor or purchaser or the penghulu of the land wherein the proprietor had died and no proceedings had been taken to obtain probate or letters of administration, may lodge with the Land Administrator a petition for the distribution of the estate (SE(D)A 1955 – Sect 8).
The petition and all other applications to the Land Administrator are in prescribed forms set out in the SE(D)A 1955 and are obtainable from the relevant land office. The hearing will be conducted by the Land Administrator. The powers of the Land Administrator, the procedure on, among others, the hearing, determination of collateral disputes are set out in the SE(D)A 1955.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Letters of Administration - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This step by step guide navigates through the substantive law governing the process of obtaining letters of administration in Western Malaysia.
The guide will ensure compliance with the Probate and Administration Act 1959 as well as the procedural law as set out in the Rules of the High Court 1980.
The guide includes sections to help with;
- Getting the matter underway: Including sections on executors, beneficiaries, estate taxes, missing will and certificate precedents as well as guidance on whether a Grant of Probate is needed or Letters of Administration?
- Special grants in limited situations
- Initial letters to asset holders requesting information
- Administration on intestacy
- Letters of administration
- Reseal of letters of administration
- Applications for Executor and Administrator Commission
- Finalising the matter: Including appointment of solicitors, transfer and sale of immovable properties.
This publication will benefit both experienced practitioners and junior lawyers as it is conclusive, practical and easy to use.