Estates and Inherited Property in Malaysia

When someone dies, their property does not pass to the beneficiaries automatically. The name on the title stays the same until the estate application is completed and the transfer is registered at the land office.

This page sets out the routes available, who is entitled, and what most often holds an estate matter up. Each topic has its own guide.

What happens to property after a death

Until the estate transfer is registered, the property remains in the deceased’s name on the record. The practical effects:

• It cannot be sold, because the registered proprietor cannot sign anything
• It cannot be charged as security for a loan
• No transfer to anyone can be registered
• Quit rent, assessment and maintenance become difficult to deal with

Three main routes

Which route applies depends on the type of assets left behind, their value, and whether the deceased left a will.

• Small estate. An administrative route through the land office for estates that meet the conditions under the Small Estates (Distribution) Act 1955.
• Probate. A court application where the deceased left a will, made by the executor named in it.
• Letters of administration. A court application where there is no will, made by a beneficiary applying to administer the estate.

Who is entitled

For Muslims, distribution follows faraid, and the shares are confirmed through a faraid certificate from the Syariah Court. For non-Muslims with no will, distribution follows the Distribution Act 1958.

A will changes this picture but does not remove the need for an application. The executor must still obtain probate before acting.

What most often causes delay

• Beneficiaries who cannot be traced or do not agree
• Several generations having died with no estate resolved
• Incomplete documents, particularly proof of family relationships
• An unresolved matrimonial property claim
• Property under charge, so the bank has to be brought in

Guides in this cluster

Frequently asked questions