Detailed procedure to apply for a Probate and Letter of Administration

This article seeks to discuss about estate administration in Sarawak. In essence, there are two ways to administer a deceased’s assets, that is, by way of probate or letter of administration.

1. Grant of Probate

   The pre-requisite of applying for a Probate to execute the deceased’s estate is that the deceased must have a valid Will. The executor appointed based on the deceased’s last Will and Testament would be required to submit an application to Amanah Raya based on the checklist and forms required.
   The procedure can be overwhelming and often, lay person is advised to appoint a lawyer to assist them to deal with the necessary submissions to Amanah Raya Berhad. The photocopy of the documents needs to be certified true copy by a lawyer, including but not limited to the deceased’s death certificate, deceased’s marriage certificate (if any), identity card of the executor, photocopy of land title, land search of the immovable property and all kinds of details for the movable property.
   Besides that, the applicant needs to make a Statutory Declaration with ‘Jurat’ and the same shall be affirmed by the Commissioner for Oaths. RM10.00 Hasil revenue stamp is required to be attached to the affidavit for the purpose of submission to the Amanah Raya.
   Once the complete set of the duly completed and executed application form together with the required documents has been submitted to the Amanah Raya, the relevant registration fee will be imposed. Once payment is done, the Amanah Raya will issue a receipt stating and notifying to which date for the executor to sworn affidavit for the Probate at the office of Amanah Raya. If transmission of immovable property is required, then the photocopy of the Probate shall be certified true copy by the probate officer at the Amanah Raya whereas the rest of the photocopy of the documents to be certified true copy by the lawyer.

2. Letter of Administration

   The second method of administrating an estate is by way of Letter Of Administration, which described as an official grant of representation issued to the representative of a person dying intestate and by literal interpretation would mean an individual passed away without a Will. When a person dies intestate, the next-of-kin of the deceased will be entitled to the deceased’s properties. Next-of-kin will be the parents, spouse and child / children of the deceased, in the event that the deceased has no parents, spouse and child/ children when he passes away, the deceased’s siblings can apply to be the Administrator of the deceased’s estates.
   The procedure to apply for Letter of Administration will be more complex than the procedure to apply for a Probate. Lay person is advised to appoint a lawyer to assist them to deal with the necessary submissions to Amanah Raya Berhad.
   The first and utmost important criteria to be dealt with will be the person to be agreed by all the next of kin to be appointed as the Administrator of the deceased’s estates. Sometimes, court proceedings initiated when the next of kin unable to reach mutual consent as to the person to be appointed as the Administrator.
   A duly completed application form together with a complete set of documents are required in order to apply for Letter of Administration with the Amanah Raya. Particularly, the documents stated as follows:-
   LA 1 which requires photocopy of Death Certificate and Statutory Declaration from applicant (as stated above, ‘persons entitled to letters of administration’)
   LA 2 applies if the widower administer the estate which requires a photocopy of Marriage Registration Certificate or Divorce Certificate (if applies) together with
   LA 4 which is the Letter of Next-of-Kin which requires to list of name of next-of-kin and normally to be signed by the ‘Penghulu’ and to be submitted to Commissioner for Oath.
   LA 5 which requires statutory declaration by applicant with signature by the Commissioner for Oaths, with RM10.00 Revenue Stamp to be affixed to
   LA 6 becomes relevant because all beneficiaries are required to sign the consent letter for applicant to administer the Deceased’s estate
   LA 7 to state that applicant agree not to value landed property, shares, motor vehicles and et cetera.
   Once the complete set of LA is submitted to Amanah Raya, relevant registration fee will be imposed. Once payment is done, the Amanah Raya will issue a receipt stating and notifying to which date for the Administrator to sworn affidavit for the Letter of Administration at the office of Amanah Raya. If transmission of immovable property is required, then the photocopy of the Letter of Administration shall be certified true copy by the probate officer at the Amanah Raya whereas the rest of the photocopy of the documents to be certified true copy by the lawyer.

Conclusion

As a conclusion, the application for Probate or Letter of Administration required the assistance of a lawyer in order to smoothen the process and to save time. If the deceased’s estates involve immovable property, the executor or the administrator would need a lawyer to prepare, stamp, submit and register for the instrument of transmission and also memorandum of transfer as well.

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 

Amy Lo Mei Chin
Partner, Lo & Partners