Without A Will

What is Letter of Administration?

A grant of Letter of Administration (“Surat Kuasa Mentadbir”)  is a grant issued by the High Court of Malaya allowing the person granted with the Letter of Administration to administer the estate or assets of the Deceased in situation where the Deceased have died without leaving a valid will.

What are the differences between probate and letter of administration?

Letters of Administration is applied when the Deceased passed away without a will. Probate is applied when the Deceased passed away with a will.

How long does it take for me to apply for letter of administration?

A letter of administration application normally takes a longer time than a Grant of Probate application. Generally it takes 6 to 9 months.

How would the estate be divided under the Distribution Act 1958 for the purpose of the application of letter of administration?

Generally, the estate will be distributed among the deceased’s immediate family: his parents, his spouse, and his issue. A person’s issue (descendants) includes his children and the descendants of his children who died before him.
The distribution among the family is shown in the following table:

Intestate with SurvivingEntitlement
 Spouse only - no Parent(s), no Issue(s)Spouse only - whole estate
Parent(s) + Spouse, no Issue(s)Parent(s) : 1/2
Spouse : 1/2
Issue(s) only - no Spouse, no Parent(s)Issue(s) only - whole estate
Parent(s) only - no Spouse, no Issue(s)Parent(s) only - whole estate
Spouse + Issue(s), no Parent(s)Spouse : 1/3
Issue(s) : 2/3
Parent(s) + Issue(s), no SpouseParent(s) : 1/3
Issue(s) : 2/3
Parent(s) + Spouse + Issue(s)Parent(s) : 1/4
Spouse : 1/4
 Issue(s) : 1/2
If no Parent(s), Spouse, or Issue(s)Brothers and Sisters in equal shares
Grandparents in equal shares
Uncles and Aunts in equal shares
Great Grandparents in equal shares
Great grand uncles and aunts in equal shares
*In descending order of priority
When can I sell the immovable assets of the deceased?

You may sell the immovable assets of the deceased after the said property has been transferred to beneficiaries’ name or after obtained the order for sale from the court.

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