Who needs to apply for Small Estate Claim?
When a person dies, the next of kin (spouse/children/parents etc.) can make an application under Small Estate if the estate of the deceased consisting wholly or partially of immovable property (land / building) not exceeding RM2 million in total value.
Applications are to be made at the Estate Distribution Unit of the Department of the Director-General of Lands and Mines (JKPTG)/Land Office where the deceased’s immovable property is located. As such for this to trigger, the deceased MUST have immovable property (land/building).
The Application Process?
The next of kin/Applicant must fill up Form A and submit this form to the Land Office. Once Form A is submitted, the Land Office will process the application and notify the Applicant of the hearing date (mail/email).
Land Office will fix a Hearing. The Applicant/Petitioner and all the deceased’s next of kin must attend the Hearing in the Land Office. If the other beneficiaries could not attend the hearing, the beneficiaries must file in the DDA Form.
Original Documents Required at the hearing
• Original Death Certificate of the Deceased.
• Death certificates of next-of-kin (if applicable).
• Marriage Certificate.
• Divorce certificate of the deceased (if applicable)
• Inheritance certificate (if applicable)(e.g. if the Deceased inherited assets from his/her parents)
• Titles, Sale and Purchase Agreement, JPJ Car Card, Bank Statements etc.
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].
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]
Sale & Purchase Agreement, together with the Quit Rent & Assesment (Cukai Tanah & Cukai Pintu);
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.
What does an Applicant need to do?
The Deceased’s family needs to appoint an Applicant/representative of the Deceased’s estate. Who can be the Applicant/representative of the Deceased’s estate? By Order of Priority: The Spouse, Children, Parents, Siblings, Nephews & Nieces, Grandparents and Uncle and Aunt.
How long will the process take to complete?
The Hearing process in the Land Office will take approximately 3 – 6 months from the date of filing.
Process
Step 1
Payment of Deposit
Step 2
Signing of the Form A and Form DDA paperwork (2 weeks – 1 month)
Step 3
Attending Land Office for Hearing (within 3 – 6 months of filing in Court)
Step 4
Receiving the sealed Distribution Order (1 – 2 months from Hearing)
Step 4
Distribution of the Deceased’s estate.
What can a lawyer do to help?
• Preparing the necessary documentation for the Form A and Form DDA application.
• Identifying the Applicant/representative of the Deceased’s estate.
• Extracting the Death Certificate from the National Registration Department.
• Obtaining valuation of the estate assets.
• Distribution of estate assets to beneficiaries.
• 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.
• Sale or transfer of any property of the Deceased.
• Advice on any disputes that arise regarding the estate.
• Advice on the drafting and preparation of Deeds of Variation.
• Dealing with taxation issues which may arise (e.g. stamp duty).
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?
We have 15 years in dealing with Probate/Letters of Administration/Small Estate matter. We aim to keep the Probate/Letters of Administration/Small Estate proceedings as straightforward as possible and keeping stress to a minimum for 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 Small Estate work.
Apply for Small Estate 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.
Can I speak to someone at Razak Lim & Co. regarding a Probate matter?
We understand that losing a loved one is an emotionally painful experience that can have a real effect on the mind and body. The process of applying for a Small Estate can be complex in the number of steps to complete and documents to submit.
You can speak with a Probate/Letters of Administration/ Small Estate lawyer (Mr. Phang) today by calling us on 62061093 or by filling in the enquiry form.
Why Choose Us?
We have 15 years in dealing with Probate/Letters of Administration/Small Estate matter. We aim to keep the Probate/Letters of Administration/Small Estate proceedings as straightforward as possible and keeping stress to a minimum for 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 Small Estate work.
Apply for Small Estate 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.