| GRANT OF PROBATE 遗嘱认证文件 | LETTERS OF ADMINISTRATION 遗产管理证书 |
| the deceased has left a will (testacy) 有遗嘱 | the deceased has left no will or there is a will, but the executors are unwilling or unable to fulfill it (intestacy) 无遗嘱 |
| the application for the Grant of Probate is filed to the High Courts in Malaysia with list of assets 执行人向高等法院申请遗嘱认证文件（附上资产名单） | any person, who might be interested in the estate, such as next of kin or a creditor, can apply as an administrator 相关利益者（家人、债主或遗产获益者）都可向高等法院申请为遗产管理人 |
| the period for extraction of the Grant of Probate in Malaysia can take up to several months (ie: 4 to 6 months) 遗嘱认证文件于4-6个月领取（大约） | the application for Letters of Administration is filed to the High Courts, or District Land Office or Amanah Raya Berhad depending on the estate value and it can take from several months up to several years to extract the Letters of Administration 遗产管理人向高等法院、县土地局、ARB（依遗产价值）申请（附上资产列单）并可能数月/年后领取 |
| no guarantors or sureties are required 无需当保人 | the administrator will need to have guarantors or sureties who would guarantee the proper administration of the estate 遗产管理人须有2位担保人担保遗产价值 |
| the estate is administered by executors, defined by the will 执行人依照遗嘱分配遗产 | the estate is managed by administrators, appointed by the High Courts or other authority in Malaysia upon the application and distributes assets according to Distribution Act 1958 高等法院委任遗产管理人 遗产管理人根据1958年遗产分配法令分配遗产 |
Grant of Letters of Administration under Small Estates (Distribution) Act 1955
For estates, where there is no will, which include immovable property, and valued less than RM2 million, the Grant of Letters of Administration is regulated by the Small Estates (Distribution) Act 1955.
In such a case, the petition for the extraction of Letters of Administration is lodged at the District Land Office, which covers the area where the property is located. If the estate includes several properties in various states of Malaysia, the applicants can choose one of the District Land Offices to apply.
Upon submission of the necessary documentation, which includes Form A, and accompanying documentation, identifying the beneficiaries, the diseased, and the estate, the District Land Office will hold a hearing of the petition upon which the Land Administrator would grant the Letters of Administration and issue a distribution order for the estate.
小遗产分配法令
遗产包括动产和不动产价值不超过RM俩百万属于‘小遗产分配法令’范围。遗产管理证书可向
县土地局申请。
Grant of Probate and Letters of Administration for Non-Muslims only
It should be noted that the above overview is a general description applicable to non-Muslims while the administration of Muslim estates follows separate regulations.
In the case of Muslim estates, the Administrator shall apply to the Syariah High Court to obtain a Faraid Certificate. Further distribution of the Muslim estates is fulfilled under Faraid Law or on consensus.
遗嘱认证文件和遗产管理证书只限于‘非穆斯林’申请者处理‘非穆斯林’遗产。穆斯林遗产将依据回教高庭及穆斯林法处理。
Conclusion
The procedure for the release of the deceased estate in Malaysia for further distribution to beneficiaries would depend on whether there is a will as well as on the value of the estate. Applying for the Grant of Probate presumes the most straightforward procedure, but it’s available only if the deceased has left a valid will.
In the absence of will or executors, the estate distribution is done under Letters of Administration. The application for the Letters of Administration in Malaysia can be filed either to the High Courts, a District Land Office, or the Amanah Raya Berhad depending on the value of the estate and its composition.
Since a will can often be contested and extraction of either the Grant of Probate or Letters of Administration may be complicated because of specific circumstances, it is advisable to consult with a professional wills writer to account for each individual case and provide for the necessary submissions.
缮写遗嘱可避免许多遗产争议及节省时间与金钱。申请遗嘱认证文件是项简单任务以及执行人可直接依照遗嘱分配遗产。
反之，申请遗产管理证书事项耗时，如间中产生争议，申请程序将直接搁置。耽误遗产分配将引更多问题。
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