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SOP Guideline: Small Estate

 
Definition of Small Estate
Interpretation given under section 3 (2) the Small Estates (Distribution) Act 1955 describes a small estate is the assets of the deceased consists in whole or in part is immovable property located in any state and the total value of not more than RM2 million on the date of application made (From 1 September 2009). Without being restricted to the limitations specified value, any property of the deceased non-Muslim people that will under the Wills Ordinance No. 38 1959 is no longer defined as a small estate. It is considered a large estate and the responsibility of the High Court. However, these provisions shall not apply to death a Muslim because it is contrary to the terms and conditions of testamentary in Islam.
 
Small Estate Distribution Applications Method
Every application for a small estate division shall be made in a special form, ie Form A. Each application must be attached with:
1. Proof of Death
  • A copy of death certificate / permit to bury, or
  • Letter of oath by two independent witnesses who saw the body was buried (for death during the Japanese occupation / before); or
  • Order of presumption of death issued by the High Court in circumstances such as death without a grave, lost during the Japanese occupation, Tragedy May 13, 1969, tragedy Muassem, andn
  • This Order can only be issued after 7 years from the date of the occurrence.
2. Copies of Titles
  • Copies of the title certified by the land office or official search certificate showing the holdings of the deceased's immovable property, sale and purchase agreement for the house there is no separate title;
     
3. Copies of Documents -  Movable asset:
  • Like copy of share certificate, copy of savings book, copy of EPF statements, etc. (if any).
 
Who is entitled to apply? Among those who are entitled to apply are as follows: 
  • Successors such as the widower or widow, son or daughter, mother or father, Islamic council (baitulmal) and others;
  • The buyer under a valid sales and purchase agreement;
  • The mortgage or lease holder of the deceased;
  • Penghulu or Settlement Officer as directed by the Land Administrator;
  • Amanah Raya Berhad.
     
Attending the hearing
  • All original documents as proof of death, land ownership, identity card, birth certificate, marriage certificate, evidence and other property necessary documents should be produced during his trial
  • All parties are requested to attend are required to attend on the day of the hearing.
  • All declaration at the hearing shall be given under oath or pledge.

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