Highlights

  1. For estate consisting wholly or partially of immovable property not exceeding RM 2 million, AmanahRaya may file an application at Land Administrator for an appointment as Administrator or to apply for a distribution order for movable and immovable properties under s8 Small Estates (Distribution) Act 1955 (SEDA).
  2. For movable assets below RM 600,000.00, AmanahRaya may issue letter of administration in the form of Declaration (that it undertakes to administer the property) outlining the assets, such Declaration shall be filed in the proper Registry of the Court under s17(1) SEDA 1955.
  3. For movable assets below RM 50,000.00, AmanahRaya may issue letter of administration in the form of Direction directing payment to the rightful beneficiaries under s17(2) SEDA 1955.
  4. Under s13 Public Trust Corporation Act 1995, AmanahRaya may file petition to High Court.
Understanding what is Amanah Raya Berhad and its services

 

Q1. What is Amanah Raya Berhad?

Answer:

Amanah Raya Berhad (AmanahRaya) is Malaysia’s premier trustee company wholly owned by the Government of Malaysia. It is established in 1921 as the Department of Public Trustee and Official Administrator, the company was corporatized in 1995.

Q2. What services does AmanahRaya provide?

Answer:

To provide a range of specialised Will, Trust and Estate services to all Malaysians.

Q3. What is testate and intestate?

Answer:

If the deceased left property in a valid will and it contains the procedure for the distribution of the estate among the beneficiaries, it is termed as testate.

A person who died without a will is termed as intestate.

Q4. What are the differences between testate and intestate administration?

Answer:

For a testate administration, the process of inheritance is easier and faster as an executor has been appointed by the deceased in accordance with a valid will.

For an intestate administration, the appointment of an administrator is subject to the agreement by all the beneficiaries or the determination of the courts.

Q5. Who can inherit the estate of the deceased?

Answer:

The rightful beneficiaries are stated in the Distribution Act 1958, ie. the father, mother, husband, wife and children or descendants.

Q6. Who can make the application for estate administration at AmanahRaya?

Answer:

The beneficiary of the deceased or any parties with a vested interest can make the application at AmanahRaya to claim the estate of the deceased.

Q7. How long is the process of estate administration by AmanahRaya?

Answer:

An estate consisting only of movable property is estimated to take 4 to 6 months.
If it involves immovable property, it is estimated to take approximately 12 months.

Q8. How much is the fees?

Answer:

The fees shall be calculated as follows:-

5% For the 1st RM25,000.00
4% For the next remaining balance up to RM225,000.00
3% For the next remaining balance up to RM250,000.00
2% For the next remaining balance up to RM500,000.00
1% For any remaining balance

Fees are charged by AmanahRaya on the estate of the deceased that relate to the tasks of registration of assets and beneficiaries, investigation of the assets and beneficiaries, verification of the assets and liabilities, compilation of the assets, settlement of the debts and liabilities and distribution of the estate to the beneficiaries.

Fees charged are permitted by law under the Public Trust Corporation Act 1995 and Probate and Administration Act 1959.

Q9. Can the fees be deducted from the estate of the deceased?

Answer:

Yes, provided that the estate has assets in the form of cash and/or money.

Q10. How to apply for AmanahRaya estate distribution service?

Answer:

You may download the application form from AmanahRaya website or go to their branches to submit relevant application form and supporting documents.

[For more information please visit amanahraya.my or visit to your nearest branch]

THIS FAQ IS PREPARED AND PUBLISHED BY GENERAL LITIGATION, CORPORATE INSOLVENCY AND APPELLATE DEPARTMENT OF THE DISPUTES RESOLUTION OF MESSRS GAN & ZUL, ADVOCATES & SOLICITORS.
Prepared by:

Ben Lee Kam Foo (Partner)
Head of Dispute Resolution
Arbitrator & Adjudicator
Fellow of ADR, AIAC
Cross Border Taxation Planning

Shafihani Binti Md Ali (Associate)
General Dispute Resolution
Appellate Division
Contractual, Land and Commercial Disputes
Pre and Post Liquidation Disputes

Gan & Zul is an established legal firm in Malaysia which consists of experienced litigation lawyers. Our firm provides a wide spectrum of legal services covering various aspects of laws includes dispute resolution, debt recovery, land, bankruptcy, insolvency and corporate dispute. We are also a firm construction lawyers based in Kuala Lumpur.
If you have any queries or require additional information, kindly email us at kul.litigation@ganzul.com or call us at 03-2242 3836

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