15 Nov An Overview Of The Legal Procedure For Obtaining A Letter Of Administration In Malaysia
In Malaysia, the application for a Letter of Administration should be made when an individual passes away without leaving a valid will (intestate).
Obtaining a Letter of Administration in Malaysia involves a legal process that is governed by the Probate and Administration Act 1959. The general legal procedure to obtain a Letter of Administration in Malaysia is outlined below as a reference:
1. Appointment of an Executor/Administrator:
- An Executor/Administrator is usually appointed among the deceased’s next of kin.
- Hence, it is important to first identify and confirm the legal heirs of the deceased, including the surviving spouse, children, or other next of kin.
- In situations where the legal heirs of the deceased are unable to reach a consensus regarding the appointment of the Executor/Administrator, it is possible to initiate an application in the High Court for the Court’s adjudication on the matter.
2. Compile Necessary Documents:
- Gather the required documents, including:
- Death Certificate of the deceased.
- Inventory of assets and liabilities.
- Marriage Certificate (if applicable).
- Birth Certificates of all legal heirs.
- Affidavits from all legal heirs consenting to the application.
3. Prepare the Application:
- Your lawyer will prepare the necessary application documents, including the Originating Summons for Letter of Administration, Affidavits, and other supporting documents.
4. Submit the Application to the High Court:
- The application is filed with the High Court in the jurisdiction where the deceased last resided.
5. Court Hearing:
- Once the application is submitted, the court will schedule a hearing.
- The Executor/Administrator is required to attend the hearing and bring the Original Death Certificate of the deceased.
- At the hearing, the Court will consider the application and would grant the Letter of Administration when all the documents are in order.
6. Issuance of Letter of Administration:
- If the Court is satisfied, it will issue the Letter of Administration, granting legal authority to the Executor/Administrator to manage and distribute the estate of the deceased.
- The issuance of the Letter of Administration by the Court typically takes between 2 weeks to 1 month.
7. Estate Administration:
- Once the Letter of Administration is issued, the Executor/Administrator is responsible for administering the estate, paying debts, and distributing assets according to the law.
The legal process may vary slightly depending on the specific circumstances. Hence, seeking a legal professional is crucial to navigate the complexities of the legal process.
Disclamer: This article is provided for informational purposes only and does not constitute legal advice. It is intended to offer general information on the subject matter covered and is not tailored to your specific circumstances. Therefore, it should not be relied upon as a substitute for personalised legal advice from a qualified solicitor.