Letter Of Administration

What Is Letter Of Administration?

Letter of Administration is a form of declaration or order issued by the High Court when an individual passed away without a valid Will. 

Commonly, family members or spouses of the deceased will have an assumption that the deceased’s assets will automatically be distributed to them upon his death. Unfortunately, this is wrong as there is a legal process to be followed and how the assets are to be distributed. 
The process of extracting the Letters of Administration
The process of extracting the Letters of Administration depends on the value of the estate and the presence of immovable property/real estate in the composition of the assets.
Institutions with the authority to grant letters of administration
In Malaysia, there are only three institutions with the authority to grant Letters of Administration, which are the High Court, AmanahRaya and the Small Estate Distribution Unit. AmanahRaya grants Letters of Administration in the form of a declaration or order as governed by Public Trust Corporation Act 1995 (PTCA 1995).

More Details

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.

Document needed for application of letter of administration

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.
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Why Us?

We provide professional and efficient service.

Applications for Letters of Administration are complex and complicated. Michael Tie & Co estate planning lawyer will advise Administrator on his or her roles and responsibilities as Administrator of the Will to avoid personal liabilities. 

Case analysis service

In the event you wish to apply for Letter of Administration, our Estate Planning lawyers will examine your case by perusing all information and document furnished by you and our Estate Planning lawyers will then advise you on the entire process of the application and your obligations and responsibilities as Executor or Administrator of the estate of the deceased. 

Our charging method is simple, transparent and clear.

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Related Services

Grant Of Probate

When someone passed away with a valid Will, the executor named in the Will needs to execute the Will by applying to the High Court of Malaya for the Grant of Probate.
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