To whom administration may be granted

The Court, in granting administration must have regard to all the rights of the persons interested in the estate or in the proceeds of sale thereof (Probate and Administration Act 1959 – Sect 30). Administration will only be granted to a person with a lawful interest in the estate of the deceased. Priority to petition for letters of administration is determined by the priority of entitlement to the estate under the Distribution Act 1958 as amended by the Distribution (Amendment) Act 1997 – Sect 6. For Letters of administration with will annexed, administration may be granted to a devisee or legatee.

Where a person entitled to be appointed as administrator of an intestate estate is absent from Malaysia and no person equally entitled is willing to act, the letters of administration may be granted to an authorised attorney of the absent person, limited until the actual administrator obtains a grant himself.

An administrator may not mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property situate in any State of West Malaysia and for the time being vested in him or lease any such property for a term exceeding 5 years without the previous permission of the court (Probate and Administration Act 1959 – Sect 60(4)). This provision is taken to include the transfer of the immovable property to the beneficiaries.

The following documents are required for a Grant of Letters of Administration:

1. (a) 2 copies of the petition for letters of administration verified by oath and the following documents annexed:-
   1. (i) Extract of certificate of death. For the court copy of the petition, an extract of the certificate of death from the registration department. The other copy can be a photocopy of the extract.
   2. (ii) Schedule of assets and liabilities as at date of death;
   3. (iii) Copies of the identity cards of the surviving spouse, children, parents, if any of the deceased;
   4. (iv) If executor is a trust company, the resolution of the board of directors authorising an officer to make, swear and sign the petition;
   5. (v) If additional name required in the grant, the evidence of that part of estate in the other name;
2. (b) The renunciation of administration of the persons who have a prior right or equal right to petition;
3. (c) Appointment of solicitors;
4. (d) Unless dispensed with, administration bond by the grantee and 2 sureties;
5. (e) For engrossing of the grant of letters of administration:-
   1. (i) 3 copies of the schedule of assets and liabilities (the same as that annexed in the petition for letters of administration);
   2. (ii) 3 copies of the list of beneficiaries;
   3. (iii) a copy of the administration oath affirmed by the administrator.

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