Letters of Administration
Applying for letters of administration in the High Court where the deceased left no will, enabling the administrator to collect and distribute the estate.
Letters of administration are applied for in the High Court where the deceased left no will and the estate does not qualify for the small estate route. The grant gives the appointed administrator authority to collect, manage and distribute the estate under the applicable law.
When a person dies without leaving a will, no one has automatic authority to deal with their assets. Banks will not release funds, the land office will not register a transfer, and insurers will not pay a claim to a beneficiary who has no lawful authority.
Letters of administration are the court order that gives that authority.
The right forum
Not every estate needs to go to the High Court. Where the estate includes land and the value falls within the prescribed limit, the Estate Distribution Unit is the more appropriate forum, with a simpler process and lower cost.
Determining the correct forum at the outset saves time and cost. Filing in the wrong forum means starting again.
Consent of beneficiaries
The application runs more smoothly where beneficiaries agree on who is to be appointed administrator. Disagreement at this stage is the most common cause of delay and can add months to the process.
The administrator’s responsibilities
An administrator is not simply a name on a document. They are responsible for collecting the assets, settling the debts of the deceased, and distributing the balance to beneficiaries under the applicable law. Those responsibilities carry liability, and should be understood before someone agrees to be appointed.
What your lawyer handles
- Determining the correct forum, whether the High Court or the Estate Distribution Unit
- Preparing a schedule of the assets and liabilities of the deceased
- Identifying beneficiaries and obtaining consent on the appointment of an administrator
- Preparing the affidavits and application documents
- Attending to the sureties or administration bond where required
- Filing the application and appearing in court
- Attending to transfer of property once the grant is issued
Timeline
Documents you need to prepare
- Death certificate of the deceased
- Copy of the identity card of the deceased and every beneficiary
- Documents proving the relationship of beneficiaries
- A complete schedule of assets including property, bank accounts, EPF, shares and vehicles
- A schedule of the debts of the deceased
- Written consent of beneficiaries to the appointment of the administrator
Costs people often overlook
- Legal fees for the application and court representation
- Court filing fees
- Cost of the administration bond or sureties if required
- Cost of asset searches and document certification
- Land office fee for registration of the transfer after the grant
- Service tax of 8% on legal fees
When to stop and get advice first
- Beneficiaries do not agree on who should be appointed administrator
- The deceased has debts that are large in relation to the value of the estate
- There are minor beneficiaries, which requires additional consideration
- The estate includes property outside Malaysia
- A will is discovered later, after the application has begun
Frequently asked questions
When are letters of administration needed rather than a small estate order?
Where the estate does not meet the small estate criteria, either because its value exceeds the limit or because it does not include immovable property.
Who can be the administrator?
Normally a beneficiary who has the consent of the other beneficiaries. The court makes the appointment on the application.
What is an administration bond?
A guarantee the court may require to ensure the administrator carries out their duties properly. Whether it is required depends on the circumstances.
How long does it take?
Usually six to twelve months, depending on how complete the documents are, the court calendar, and whether there is any objection.
Can beneficiaries withdraw money from the deceased's bank account first?
Not without lawful authority. Banks require letters of administration or an equivalent order before releasing funds.
The deceased left a will, is the process different?
Yes. Where there is a valid will, the appropriate application is for probate rather than letters of administration.
Ready to start your property matter?
An initial consultation with no obligation. Tell us about your matter and we will explain what is involved and what it is likely to cost.
No. 4, Jalan Setia Impian U13/3D, Setia Impian 3, Seksyen U13, Setia Alam, 40170 Shah Alam, Selangor
014-9723468 · 014-4004293 · Monday to Friday, 9:00am to 6:00pm