• Does the application can be preceded if the deceased was a Felda settler, but the document of title has not been issued?

    Application can be made even though the document of title has not been received and the deceased's immovable property statement can be search by using the number R.O.H (Registration of Holding) that can be verified by the Felda/Felcra Manager.
  • Where the application of the small estate distribution can be made?

    Application for small estate distribution can be made at the Land Office or Small Estate Distribution Office which available in the district where the immovable property is located.
  • If the deceased has several parcels of land in different districts, where the application can be made?

    Application can be made at any of the district where deceased’s immovable property located.
  • Can the application of small estate distribution that has been registered in one district transfered to another district for the convenience of the beneficiaries?

    Can, however, the applicant must make written application to the respecting District Land Administrator stating the purpose of why the transfer application is made. Application will be forwarded for the State’s Director of Land and Mines’ approval if it involves districts overlapping in the same state; and the Director General of Land and Mines if it involves state overlapping.
  • Who is regarded as a buyer under the Small Estates (Distribution) Act 1955 (Amendment 2008)?

    Section 2 of Small Estates (Distribution) Act 1955 (Amendment 2008) describes a person as buyer on the date of application or distribution of the small estate is made either by himself or others, reside (in Occupation) of any land or interest which registered in the name of the deceased, through the sale and purchase agreement between himself and the deceased.
  • Who is eligible for applying the estate?

    The next of kin such as husband, wife, father, mother, children and other legal heirs to the deceased; the creditors, the chargee, the will receiver, the Baitulmal, the Penghulu, the Settlement Officer, the Trustee, the Trust Receiver, the Power of Attorney holder, Amanah Raya Berhad and the buyer.

  • How small estate distribution application is made?

    Applicant is required to complete the application form (Form A) and attach all supporting documents such as copies of death certificate, certificate of official search of land title, land or house sale and purchase agreement, confirmation letter of claimed over movable properties, copy of identification card or birth certificate of the underage heir, marriage certificate, statement of debt and other documents relating to deceased's properties.
  • Is it eligible for buyers to apply distribution of estate if the deceased and the buyer is making sale purchase agreement based on Contracts Act 1950 because of the land title of deceased has been lost?

    The buyer (purchaser) is authorized under the Small Estates (Distribution) Act 1955 (Amendment 2008) to request distribution of the estate. If the trial of the estate decides that the sale and purchase "contract" between the buyer and the deceased is valid, the purchased land can be direct transmission to the buyer.

  • Can the estate distribution application form sent through post?

    Borang Permohonan ( Borang A- Permohonan Baru Seksyen 8 ) yang lengkap diisi berserta salinan dokumen yang diperlukan boleh diposkan kepada Unit Pembahagian Pusaka di mana harta tak alih ( tanah/rumah ) simati terletak. Jika simati meninggalkan harta tak alih tersebut di berlainan daerah dalam negeri yang sama atau di berlainan negeri, permohonan tersebut boleh diposkan ke mana-mana ( salah satu ) Unit Pembahagian Pusaka di mana harta-harta tak alih si mati terletak.
  • Can the buyer claim the estate which he bought through the agreement letter even the deal of sale and purchase is not yet fully completed?

    Buyer may request the distribution of estate based on the sale and purchase agreement. If there is balance of the purchase price, it can be paid to the heirs of the deceased during the hearing.

  • Can application of estate distribution involving distribution of movable property only (no immovable property) is made at the Land Office or Estate Distribution Unit?

    No. The application must be made in the Amanah Raya Berhad Office.
  • For the deceased's estate which already has the nominee, is it necessary to apply for estate distribution?

    Basically, the nominee will be paid directly based on the property nominated to him. For example, EPF savings, life insurance and so on.
  • Can the claim of immovable and movable properties be done separately so that the movable property distribution can be made earlier?

    No, the application of both types of property shall be submitted in one application only.
  • How long for one application can be completed?

    The duration to settle the non problematic cases is 5 1/2 months..
  • If the deceased died without leaving heirs, who may apply for distribution of legacy?

    For the estate with no heirs, the Baitulmal of the State Islamic Council, Penghulu, Settlement Officer and Amanah Raya Berhad can be the applicant of the deceased's estate.
  • Can the estate distribution application related to the compensation that received as the result of the Land Acquisition process be made at the Office of Estate Distribution or Estate Distribution Unit?

    Yes, because it is of interest arising from land.
  • When the estate distribution application should be done?

    Estate distribution application preferably should be done within six (6) months from the date of deceased’s death. Early application is important to avoid the death of the heirs which will expand the heirs successors, until finally the solution becomes complex and difficult to be resolved.

  • If the "administrator" distrust in carrying out his duties, can his appointment be revoked and appointed the other?

    The appointed "Administrator" may be revoked by the Land Administrator based on the application of any heir using the Subsequent Application form (Form P). The related Land Administrator may also appoint new “Administrator" if deemed appropriate.
  • How long is the duration for the subsequent application to be resolved?

    The duration for the solution is depending on the situation and reason of a particular application. Basically it will take 2 to 4 ½ months.

  • Is the application of estate distribution registration having charge?

    Registration for the application of estate distribution is free of charge.
  • How the estate distribution application is implemented?

    If the deceased has a customary land in Negeri Sembilan, the application can be submitted to the District Land Office where the land is located in accordance with the provisions of Section 10 of the Customary Tenure Enactment (EPA) Chapter 215 and EPA (Lengkongan Land) 1960. Application of the estate for customary land and non-customary land should be applied separately. However, for Melaka state, the estate distribution application procedure for the customary land and non-customary land is same.

  • Initial application has been made in the High Court and the Letter of Administration has been issued. Can the next solution be made at the Land Office or Office of Small Estate Distribution?

    Basically no. However, if the High Court give the permission, it can be done.
  • If the subsequent application is completed, there is still property left behind, can the subsequent application be reapply?

    Subsequent application can be made repeatedly if needed.
  • Why the subsequent application need to be done?

    Subsequent application need to be done when heirs or any interested party in a completed estate distribution application, found that:

    1. There are still left behind of the deceased's estate in the initial application.
    2. Need to revoke an order appointing administrator who is appointed in the initial application.
    3. Need to revoke the appointment of trustees.
    4. Need to appoint new administrator and trustee to replace the existing due to some reason
  • If the ownership (title) of land has been lost in storage, can application of the estate distribution be made?

    Yes, the applicant shall obtain an official search or certified copy from the Land Office in the relevant district.

  • How re-trial application (Subsequent Application-Section 17) be done?

    The applicant shall complete Form P that can be found throughout the Estate Distribution Unit or Land Office and submit the form to Estate Distribution Unit or Land Office where the earlier application (Form A, Section 8) has been done.
  • Is there any penalty will be imposed for the late application?

    There is no penalty imposed for the late estate distritubution application.
  • Can the applicant used the lawyer service or Amanah Raya Berhad in dealing with the application?

    Heirs may obtain the lawyer service or Amanah Raya Berhad, but it is not recommended since it involve with a high legal fees.

  • Does the estate application need to be included with the Faraid Certificate?

    Applications can be submitted without Faraid Certificate and can be later if necessary.

  • If the buyer has passed away and sale and purchase yet to be completed, can the buyer’s child apply the estate distribution?

    The buyer’s child is not eligible to apply the estate distribution as he/she doesn’t have the "locus standi". They are required to apply their father’s estate distribution (the buyer’s child interest on the purchased land is based on the sale and purchase agreement between the buyer and the seller). Once the Letter of Administration of the buyer’s estate is obtained, then the buyer’s child is eligible to apply the buyer’s estate distribution.
  • Does Subsequent application (Form P-Section 17) incur any charge?

    Starting 1st September 2009, all Form P application does not acquire any registration fees. Applicants only settle the fee after the hearing is completed according to the latest valuation of the deceased property as stated in the application form..
  • If the sale and purchase agreement between A and B is a verbal agreement, or has been lost from storage, can A apply estate distribution after the death of B?

    A can submit estate distribution application but he/she must has other evidence that can support his/her claim as there is no written agreement (documentary evidence).
  • Can the heirs use the sale and purchase agreement for the estate distribution application if the deceased died before the strata title is acquired?

    The sale and purchase agreement between the deceased and the developer has showed his/her interest on that particular property. The deceased’s interest can be deemed as his/her property. Therefore, the heirs can use the purchase agreement to apply the estate distribution.

  • If the document of sale and purchase agreement between A and B are not stamped (stamping), can the agreement be used by A to apply the estate distribution of B?

    The non-stamped agreement document can not be regarded as a valid document. Therefore, A cannot apply for the B’s estate distribution.

  • Does the inheritance application can be made if the deceased was a settler who had charging his land to the bank when making loans for replanting project?

    The applicant may continue the application process by submitting the land title search, which can be obtained from the District Land Office, and attach it with the Form A when making application.

  • The land which has been registered with the joint ownership (co-holder), which is the deceased and his wife, and then there is a death of any one of them. How the inheritance application is made?

    Application can only be made to the decesed’s portion which has been registered to the land title only. For example, if the deceased had ½ of the GSA title, only the ½ part will be carry out in hearing.