In cases where someone passes on without leaving a Will, his or her estate will be distributed according to the Distribution Act 1958.
The lawful beneficiaries under the Distribution Act 1958 will have to appoint an Administrator among all persons interested in the estate of the deceased person to administer the deceased’s estate.
An Administrator is a person who has been granted a letter of administration authorizing him or her to administer the deceased’s estate. All lawful beneficiaries pick one or two administrator(s) by way of renouncement of their rights to be the Administrator. It should be reminded that the appointment of Administrator lies within the power of the High Court.
Upon the extraction of Letters of Administration, the duties of the Administrator are similar to the duties of the Executor.
As an alternative, the interested person may apply for summary administration through Amanah Raya provided that the deceased’s estate consists only of movable properties amounting to not more than RM600,000 only.
If the movable properties are more than RM600,000, there is no summary administration via Amanah Raya and it is for the District Land Administrator under the Small Estate (Distribution) Act 1955 to grant Letters of Administration. If the gross value of the deceased's estate is more than RM2,000,000, the High Court has the authority to grant Letters of Administration to the Administrator.
Application of Letters of Administration must be supported by the following documents:
a. original copy of death certificate;
b. identity card (NRIC) of the Administrator;
c. list and identity cards (NRIC) of the Beneficiaries;
d. list of assets of the deceased;
e. list of liabilities of the deceased;
f. administration oath if there is any minor interest;
g. renunciation by other beneficiaries who are entitled to the grant but did not apply; and
h. any other documents that the lawyer required from time to time.