Small Estates (Distribution) Act 1955 [Act 98]
WHO MAY APPLY?
An application for the distribution of a small estate may be made by any person having an interest in the deceased's estate, including:
A beneficiary or lawful heir of the deceased
A purchaser having an interest in the estate
A chargee
A creditor
A caveator
Amanah Raya Berhad
The State Islamic Religious Council
Subject to the relevant State Syariah Enactment WHERE CAN AN APPLICATION BE FILED?
An application for the distribution of a small estate shall be filed at the State Small Estate Distribution Office having jurisdiction over the location of the deceased's immovable property. If the deceased owned movable property only, the application shall be filed at the State Small Estate Distribution Office having jurisdiction over the location of the movable property.
If the deceased's estate includes immovable property located in more than one district or state, the application may be filed at any Small Estate Distribution Office having jurisdiction over any one of the immovable properties, subject to the provisions of the Small Estates (Distribution) Act 1955 [Act 98].
Important: The appropriate Small Estate Distribution Office is determined by the location of the deceased's immovable property, not the applicant's address or the place where the deceased passed away.
Section 8, Small Estates (Distribution) Act 1955 [Act 98]
A new application is made for the initial distribution of a deceased person's estate.
Applications shall be submitted online using Form A through the MyLAND Portal www.myland.gov.my.
Required Supporting Documents:
- Completed Section 8 Petition (Form A), duly filled in and signed before a Magistrate or Commissioner for Oaths.
- Copy of the deceased's Death Certificate.
- Copy of the applicant's Identity Card (MyKad/Identification Card).
- Copy of the deceased's Marriage Certificate, Marriage Registration Certificate or Islamic Marriage Certificate, where applicable.
- Copy of the land title (Issue Document of Title).
- Official Land Search obtained from the District Land Office or the State Land and Mines Office (PTG).
- Copy of the Assessment Tax (Quit Rent/Assessment) bill or receipt for immovable property involving buildings or houses.
- Copies of documents relating to movable assets, such as bank statements, ASNB statements, share certificates, insurance policies, vehicle ownership documents and other relevant documents.
Section 17, Small Estates (Distribution) Act 1955 [Act 98]
A Subsequent Application may be made after the original application has been completed under any of the following circumstances:
- Discovery of omitted or undisclosed estate assets;
- Appointment of a new Administrator;
- Appointment of a new Trustee;
- Revocation of the Grant of Letters of Administration and an application for direct distribution to the beneficiaries;
- Revocation of the appointment of a Trustee and an application for direct transmission to the beneficiaries; or
- Withdrawal of a Registrar's Caveat entered by the Small Estate Distribution Office.
Applications shall be submitted online using Form P through the MyLAND Portal www.myland.gov.my.
DISTRIBUTION ORDER FEES
The Distribution Order fee is charged based on the total value of the estate as follows:
| Estate Value | Fee Rate |
|---|---|
| Below RM2,000,000 | 0.2% of the estate value |
| More than RM2,000,000 up to RM5,000,000 | 0.3% of the estate value |
For Subsequent Applications under Section 17 that involve omitted assets, the Distribution Order fee is 0.3% of the value of the omitted assets.
For Subsequent Applications under Section 17 that involve the revocation of an Administrator or Trustee, a processing fee of RM50.00 shall apply.
HEARING
All complete applications will be processed by the relevant Small Estate Distribution Office before a hearing date is fixed.
All persons named in the Notice of Hearing must attend at the date, time and place specified.
If any beneficiary is unable to attend, they may submit a Consent Form (Form DDA) signed before a Commissioner for Oaths.
DISTRIBUTION ORDER / LETTERS OF ADMINISTRATION
The Distribution Order or Letters of Administration will be issued within 30 days after the hearing has concluded.
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