Who needs to apply for Letters of Administration?

Letters of Administration is the process that you need to go through when someone has died without leaving a Will. The application for Letters of Administration must be made in the High Court.  Aim of this process it to get the Letters of Administration, appointing an Administrator to the Estate so that the Deceased’s estate Court be distributed to the beneficiaries according to Section 6 of the Distribution Act 1958.

The Application Process?

1.Original Death Certificate of the Deceased.

2.Death certificates of next-of-kin (if applicable)

3.Divorce certificate of the deceased (if applicable)

4.Foreign grant (if applicable)

5.Inheritance certificate (if applicable)(e.g. if the Deceased inherited assets from his/her parents)

6.Of Assets and Liabilities* of the Deceased

7.Prepare the List of Beneficiaries (Parent(s), Spouse and Children)

The value of the Deceased’s estate at the date of death, including all joint assets, needs to be obtained.  Once the documents are given to the Lawyer, generally it takes approximately 2 weeks for the Lawyer to prepare the paperwork (depending on the complexity of the case).

What is requires in the List of Asset/Liability:-

Land Titles/Grant[Noted : we have conducted cases where our Client could not locate the Original Land Title – we could assist you to obtain a new Land Title from the Land Office].

Sale & Purchase Agreement, together with the Quit Rent & Assesment (Cukai Tanah & Cukai Pintu);

Company – the contact number of the Company Secretary[Noted : if the Company has been struck off by SSM, we could assist you to reinstate the Company back]

Shares in Company – Bursa Malaysia Statement (CDS Number), Bank Statement and/or share certificate.

Loan Agreement/Loan Statement from the Bank.

Bank, Bank Account Number, Fix Deposit Certificate/Statement.

Motor Vehicles – JPJ Registration Card

Insurance Policy

EPF Number

Liabilities:-

• Deceased’s debts : Funeral Expenses, Bank Loan, Credit Card Statements etc.

How long will the process take to complete?

The process depends on the complexity of the estate.

However, once the paperwork is completed and submitted to Court, simple Letters of Administration only takes a month to complete. The Executor needs to attend Court with the Lawyer on the Hearing date of the Letters of Administration.

Complex probate would take longer, and it would certainly take longer when there are disputes over the estate

Process?

Step 1

Payment of Deposit

Step 2

Signing of the Probate Petition (2 weeks – 1 month)

Step 3

Attending Court for Hearing of the Probate Petition (within 2 months of filing in Court)

Step 4

Receiving the sealed Probate/Letters of Administration (1 – 2 months from Hearing)

Distribution of Assets:-

• Movable Assets (e.g. Bank, EPF, Car, Insurance) can be done immediately by the Executor

• Immovable Properties (e.g. Land) – may take up to 3 months.

What can a lawyer do to help?

1

Preparing the necessary documentation for the Form A and Form DDA application.

2

Identifying the Applicant/representative of the Deceased’s estate.

3

Extracting the Death Certificate from the National Registration Department.

4

Obtaining valuation of the estate assets.

5

Distribution of estate assets to beneficiaries.

6

Calculation and payment of tax (if applicable) and advice on when and how to pay tax and if it is possible to pay by instalments.

7

Sale or transfer of any property of the Deceased.

8

Advice on any disputes that arise regarding the estate.

9

Advice on the drafting and preparation of Deeds of Variation.

10

Dealing with taxation issues which may arise (e.g. stamp duty).

Distribution of Assets:-

• Movable Assets (e.g. Bank, EPF, Car, Insurance) can be done immediately by the Executor

• Immovable Properties (e.g. Land) – may take up to 3 months.

Distribution of Property

Ensuring the tenant of the Property is fully aware of the change of circumstances

Transferring ownership of the Deceased’s property to the beneficiary

If the property is to be sold, we can deal with the appointment of an estate agent for the marketing and sale of property

Transferring the property from the Deceased to the buyer.

Why Choose Us for Probate?

We have 15 years in dealing with Probate/Letters of Administration matter.  We aim to keep the Probate/Letters of Administration proceedings a straightforward as possible and minimum stress to you. The cost need not be high, and the complex processes made easier to understand and go through. We can assist you with any or all the above, saving you an immense amount of time and stress.

Fixed fees are available for most Letters of Administration work. Apply for Letters of Administration today. (CLICK ON THE FORM)

Information that you submit on this form will only be used to verify that you have a genuine business, and to conduct a preliminary conflict of interest check. We do not share your information with any other business or entity.

Contact Details

Tel:+60-3-62061093/62065093  l  Hp: 0123021652 (whatsapp only)  l  Email:jp@razaklim.com  l  Fax:+60-3-62053986