Estate Administration FAQ
Estate Administration FAQ
General
1. Why do banks typically refer one to AmanahRaya when sought on matters related to an estate? What is the relation between AmanahRaya and a decedent’s estate?
2. Can AmanahRaya administer an asset in the form of a vehicle still being financed by a loan?
AmanahRaya cannot administer an asset in the form of a vehicle bound by a bank loan since said asset remains the possession of the financial institution in question until the balance is cleared. However, if other assets of equal value exist to offset the loan, AmanahRaya regains administrative authority.
3. I have a stake in the decedent’s assets because he remains in my debt. Can I claim what is owed to me from the decedent’s estate?
A creditor may claim a debt still owed to him from a decedent’s estate while Estate Administration is in progress. However, the creditor must be able to furnish proof that is valid to collect on the debt.
4. Where the decedent has appointed nominee with agencies like EPF, The Pilgrimage Fund or insurance companies, is payment made directly to the nominee or to the appointed administrator?
Payment is made directly to the nominee.
5. What are the responsibilities of a nominee where the estate is Muslim-owned?
Where wealth is Muslim-owned, the named nominee acts as executor or trustee and is responsible for the distribution of assets among the estate’s rightful heirs. The task of distribution is carried out only after the decedent’s outstanding debts have been paid.
6. As administrator of an estate, can AmanahRaya deter payment from reaching appointed nominee?
No. AmanahRaya has no such authority.
7. If a Muslim nominee miscarried his duty and cash payouts from EPF, The Pilgrimage Fund or an insurance company fail to be distributed among the intended heirs, what course of action can the heirs pursue to rectify the issue?
To reclaim the assets, legal redress can be sought to hold the nominee in question accountable for his inefficiencies in said function. The move may be initiated either by the heirs directly affected or the appointed administrator of the estate.
8. When a person passes, can the payouts still being deposited into the decedent’s pension account be considered part of the estate?
Payouts are permanently discontinued from the date of a pensioner’s death. As such, only monies received in life are admissible as earnings of the estate. Anything beyond is the property of the Malaysian government.
Application
9. When would it be best to begin the application for administration of the decedent’s estate?
There is no right time to initiate application. Nonetheless, the prudent route would be to kick-start the process as soon as possible to avoid the possibility of a series of deaths.
10. Who is eligible to submit an application to AmanahRaya for estate administration?
Heirs and non-beneficiaries have the right to apply for an estate to be administered by AmanahRaya.
11. Do all heirs have to be present during the application stage?
No. Only the applicant needs to be present at the AmanahRaya office.
13. How much is the fee?
Distribution
13. If all heirs agree to an equal distribution of the estate, can the Faraid Certificate be exempted?
Yes, if the estate consists of movable assets only for a total value of RM100,000 and below with only one layer of heirs. If the estate value is above RM100,000 and/or consists of immovable assets, Faraid Certificate is mandatory.
Sijil Faraid boleh dikecualikan bagi pusaka yang terdiri daripada harta alih sahaja yang bernilai di bawah RM100,000 dan waris tidak berlapis. Sekiranya harta pusaka bernilai lebih RM100, 000 dan / atau mempunyai harta alih, Sijil Faraid mesti dikemukakan.
14. What will AmanahRaya do if an heir cannot be located while an estate is being administered, and where will the unclaimed funds be channelled?
In such a situation, a portion of said allocation remains in the possession of AmanahRaya until the heir in question steps forward to claim his rightful share and the claim is valid.
15. How might AmanahRaya track down an heir who isn’t immediately traceable?
AmanahRaya will run a check against the Agency Link-Up System (ALIS) database via the National Registration Department for information on heirs who aren’t immediately traceable.
16. Can I review any property left behind by a decedent through AmanahRaya?
Only an heir can conduct a property review through AmanahRaya as the information is classified. The review is only for cases registered with AmanahRaya.
Hanya kes berdaftar di AmanahRaya sahaja boleh dibuat semakan oleh waris kerana maklumat adalah sulit.