In our previous article, we shared the laws in relation to how to apply a Grant of Probate when a person dies with a will.
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However, what if a person dies without a will? how can his beneficiaries apply for inheritance, and to transfer the estate of the deceased to their names?
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Will the procedures and costs involved be more complicated and higher?
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Today we would like to share some legal information with regard to how to obtain a Grant of Letters of Administration when a person dies without a will (intestate).
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1. When a person dies without a will, his estate will be distributed in accordance with Section 6 of the Malaysian Distribution Act 1958. As such, the first step that the deceased’s relatives need to do is to find a lawyer to identify who are the legal beneficiaries of the deceased at law.
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2. After identified the legal beneficiary of the deceased, the next step is to discuss and decide who will file a formal application to become the administrator of the deceased’s estate.
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3. After decided who will be the legal representative, the third step is to identify all of the deceased’s estate (such as house, car, stock, savings, retirement fund, etc.) with estimate values. The total value of the estate will determine whether the legal representative needs to make the formal application to the High Court or Land office.
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4. If the legal representative facing the problem in identifying the deceased’s estate, then he/she may seek the assistance of his/her lawyer.
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5. If the value of the deceased’s estate is more than RM2 million (including immovable properties), the representative can apply to the High Court for the Grant of Letters of Administration through his/her lawyer. The required documents are as follows:-
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a) Original copy of the death certificate
b) Photostat copies of the identity cards of the deceased, administrator and the beneficiaries
c) The relevant document of the deceased’s properties and liabilities
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6. The lawyer would then arrange for signing and affirmation of the court papers by the relevant parties. Thereafter, the court documents will be filed in the High Court to schedule for a hearing date.
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7. After the hearing date is fixed (normally within 2 months after filing of the court documents), the representative will need to appear before the Court Registrar with his/her lawyer. During the hearing day itself, the Registrar may also ask some questions in relation to the estate of the deceased. Basically, the lawyer will assist the representative answer the questions.
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8. When the Registrar viewed that all the court papers are in order, the order for Grant of Letters of Administration will be given on that day. However, before the Letters of Administration can be extracted, the representative will need to apply for exemption of sureties as required by laws.
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9. After the legal representative obtained the Letters of Administration and becomes the administrator of the deceased’s estate, the Administrator can only distribute movable properties of the deceased in accordance with Distribution Act. According to the law, the Administrator will need to obtain a “Vesting Order” from the High Court in order to transfer the immovable properties of the deceased. A formal application will need to be filed in the Court through his lawyer.
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10. This is why when a person dies without a will, the procedures and fees involved in the distribution will be relatively longer and higher.
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These are some information regarding the grant of Letters of Administration that we would want to share with you today. If you have any inquiries about it, please do contact us: https://wa.link/q3kmv5
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***If you want to know the procedures involved for applying Grant of Probate, you can read our article
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***About the importance of having a will, you can read our article
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