Execution and Distribution of Deceased’s Estates in Sarawak
1. What is “estate execution”?
Estate execution refers to the legal process of administering the assets, debts and possessions left behind by a deceased individual and this process involves a last will and testament. It involves validating the Will (if one exists), settling outstanding debts and distributing the remaining assets among the rightful beneficiaries.
2. What is “estate distribution”?
In the absence of a last Will and testament, the distribution of the deceased’s estate is governed by intestacy laws. These laws dictate how the estate should be distributed among the deceased’s legal heirs, typically following a redetermined hierarchy of relatives.
3. What is the legal document involved in the estate execution?
Probate
4. What is the legal document involved in the estate distribution?
Letter of Administration
5. Who can act as the executor in Sarawak?
The executor is usually appointed by the deceased in their last Will and testament.
Beneficiary also can act as the executor.
6. Who can act as the administrator in Sarawak?
The administrator will be one of the next of kin of the deceased who obtained the consent from other next of kin to be the administrator.
7. Which authority in-charge of processing the Application for execution or administration of the deceased’s estates ?
In Sarawak, AMANAH RAYA BERHAD will the authority.
8. Can we submit the aforesaid application to Court?
Normal application will be submitted by lawyer to the AMANAH RAYA BERHAD. Unless the execution or administration of the deceased’s estates is contested or disputed, only the lawyer will advise parties to file a legal Suit to the Court.
9. Can a beneficiary renounce their inheritance in Sarawak?
Yes, beneficiaries in Sarawak have the right to renounce or disclaim their
inheritance. This decision may be motivated by various factors, such as tax considerations, familial dynamics or personal preferences. Renunciation of inheritance typically involves a formal legal process and must be executed in accordance with the relevant laws and procedures.
10. What happens to the estate if no eligible beneficiaries can be identified?
If no eligible beneficiaries can be identified to inherit the deceased’s estate, the estate may escheat to the state. Escheatment is the process by which unclaimed or ownerless property revert to the government. However, escheatment is a rare occurrence, and efforts are typically made to locate and identify potential beneficiaries before resorting to this outcome.
If you have any questions or require any additional information, please contact our lawyer that you usually deal with.