Estate Administration

Estate Administration is the process of compiling and managing a deceased’s assets, settling any debts and distributing the remaining assets to the rightful beneficiaries.

Estate encompasses all assets such as properties, possessions and investments the deceased left behind.

A proper Estate Administration needs to be carried out to ensure that the rightful surviving beneficiaries inherit the assets of the deceased. Where upon, if poorly administered, the distribution of the deceased’s estate can prove to be an arduous affair causing stress and anxiety to beneficiaries.

Administering an estate can take anywhere from 3 months to several years depending on the nature of the assets and whether any dispute arises. Therefore, it is pertinent to choose the right Administrator to manage and administer the deceased’s estate.

Grant of Probate

Grant of Probate is issued by the High Court to the named Executor(s) in a Will. Once the Grant of Probate has been issued, the Executor(s) named in the Will is authorised to administer the estate.

Letters of Administration

Letters of Administration (LA) in the form of Declaration or Order is issued when an individual passed away without a Will.

In Malaysia, there are only three institutions with the authority to grant LA, which are the High Court, AmanahRaya and the Small Estate Distribution Unit. AmanahRaya grants LA in the form of a Declaration or Order as governed by Public Trust Corporation Act 1995 (PTCA 1995).

For a better understanding of AmanahRaya’s Estate administration fee structure please refer to our FAQ: www.amanahraya.my/estate-faq/

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AmanahRaya’s exclusive jurisdiction in Estate Administration

AmanahRaya has exclusive jurisdiction to administer estate summarily, enabling a speedy and hassle-free process.

AmanahRaya is the only institution in Malaysia governed by Public Trust Corporation Act 1995.

Section 17(1) under Public Trust Corporation Act 1995

For movable* assets below RM 600,000 AmanahRaya can issue LA in the form of a Declaration outlining the assets.
The Declaration will follow Faraid for Muslims and the Distribution Act 1958 for Non-Muslims or subject to family consensus.

Section 17(2) under Public Trust Corporation Act 1995

For movable* assets below RM 50,000 AmanahRaya can issue LA in the form of a Direction directing payment to the rightful beneficiaries.
Beneficiaries only need to present the direction to banks in order to receive any payment due.

Section 8 under Small Estates (Distribution) 1955

Small Estate refers to the estate of a deceased consisting wholly or partially of immovable property not exceeding RM2 million.
AmanahRaya can file an application at the Small Estates Distribution Unit for an appointment as Administrator or to apply for a distribution order for movable and immovable properties.

Section 13 under Public Trust Corporation Act 1995

AmanahRaya can file a petition in high Court for the following reasons;

To administer estates with movable* and immovable** assets above RM 600,000.
To obtain Grant of Probate for estates where the deceased left a Will (testate).
To obtain Grant of Letters of Administration for estates where the deceased passed away without a Will (intestate).
To replace an Executor who passed away before the administration of an Estate is completed.
To replace an Administrator who is unable to complete the duties to administer an estate.
To replace an Executor who has declined the appointment by the deceased.

*movable : Eg : cash, bank savings account, shares, unit trust

**immovable : Eg : land, building

Estate Administration in Sarawak

Estate Administration in Sarawak adheres to the “Administration of Estates Ordinance, Chapter 80” whereby AmanahRaya’s office in Kuching functions as the authoritative body authorised to issue Letters of Administration and Grants of Probate to non-Bumiputeras in Kuching only. For all other districts outside of Kuching, Letters of Administration and Grants of Probate are issued by the local District Offices within their respective jurisdictions.

AmanahRaya’s comprehensive Estate Administration

Government Affiliation

Public Trust Corporation Act 1995

Type of Estates

Testate & Intestate

Network

21 branches nationwide

Jurisdiction to grant LA

LA in the form of declaration or order

Investigation

Conduct end to end investigation

Attend hearing

AmanahRaya will attend hearing

Realization of Assests

Realized deceased’s asset efficiently

Settlement of Debts

Settlement of deceased’s liabilities

Surety Bond

Exempted from furnishing surety bond

Special powers

Protection of minors and the disabled

The advantages of appointing AmanahRaya as your Estate Administrator

No cost for initial consultation

AmanahRaya offers free consultation throughout our network of 18
branches nationwide

Experienced and reputable company

AmanahRaya has over 90 years experience in the Estate Administration process

Summary Administration

AmanahRaya is empowered to summarily administer estates

Affordable fees

AmanahRaya offers competitive and affordable fees

One stop centre

AmanahRaya provides a comprehensive solution for Estate Administration