Application of Probate or Letter of Administration in Sarawak
1. What is Probate and Letter of Administration?
A. Probate or Letter of Administration are legal documents issued by the Amanah Raya Berhad/District Office in Sarawak for the purpose of the distribution of Deceased’s assets.
2. Who is the authority in charge of the application of Probate or Letter of Administration in Sarawak?
A. Probate can be applied when the Deceased passed away with a valid Last Will and Testament, whereas Letter of Administration can be applied if the Deceased passed away without a valid Last Will and Testament.
3. Who can apply for Probate or Letter of Administration?
A. The executor named in the Deceased person’s Last Will and Testament can apply for Probate, whereas the next of kin of the Deceased person who passed away without a valid Last Will and Testament who obtained the consent from all other next of kin can apply for Letter of Administration
4. How long does the Probate and Letter of Administration process take in Sarawak?
A. The application takes minimum 2-3 months.
5. What happens if someone dies without Last Will and Testament in Sarawak?
A. The Deceased’s estates will be distributed according to the laws of intestacy and distribution will be to the Deceased’s next of kin according to a predetermined hierarchy set out in the law.
6. Who are next of kin?
A. The Deceased’s parent/parents, spouse and child/children who are surviving the Deceased.
7. What are the basic documentations required for the application of Probate or Letter of Administration?
A. (i) Death Certificate
(ii) Identity Card of the Executor or Administrator
(iii) Identity Card of the all beneficiaries (applicable for LA)
(iv) Original Will (applicable for Probate)
(v) All the relevant information of the movable/immovable properties of the Deceased
8. What happens if there is a dispute among beneficiaries for the execution of probate or administration of Letter of Administration?
A. In such cases, mediation or Amanah Raya intervention may be necessary to resolve the disagreements. If the amicable settlement fails, parties need to refer the matter to Court.
9. What happens if a beneficiary cannot be located?
A. If a beneficiary cannot be located, their share of the estate may be held in trust or distributed among the other beneficiaries, depending on the circumstances. Efforts should be made to locate missing beneficiaries, and you should consult lawyer to determine the appropriate course of action.
10. Can I apply the Probate or Letter of Administration obtained in Sarawak for the Deceased’s properties in Sabah/West Malaysia?
A. Yes. You need to apply for resealing. You should consult lawyer.
If you have any questions or require any additional information, please contact our lawyer that you usually deal with.