When a deceased passed away with a Will or without a Will, estate administration for both scenarios will be done differently. The executor/ administrator could apply and made the following application:
(a) to file a probate application/ Letter of Administration application in High Court (this requires the assistance of a lawyer;
(b) to engage Amanah Raya to assist you and subject to their charges;
(c) to file an application in a small estate department (cost is relatively cheaper and easier, you could do so without assistance of a lawyer)
This write up will mainly focus on estate administration after you have obtained a probate/ letter of administrator/ small estate application.
Post Probate
Upon receiving the Probate, the executor is appointed officially to deal with the estate of the deceased according to the Will. Generally, the executor will transfer the movable and immovable property to the beneficiaries stated in the Deceased’s Will. For Movable Property, for instance cash of RM30,000 to be given to the deceased children in equal share. While for Immovable Property, the executor will transmit the immovable property in favour of the executor and simultaneously transfer the property to the beneficiary. However the transmission and transfer could be done separately. Sometimes, a Will empower an executor to sell the property for the benefit of the beneficiaries. The executor upon finding a potential buyer at the agreed purchase price, then sell the property to this buyer. After the completion of the transaction, the proceed of the sale will then distribute according to the deceased’ will.
Post Letter of Administration (LA) and Small Estate
The power of the Administrator are provided under the Probate and Administration Act 1959 and he shall distribute the estate according to the Distribution Act 1958 and Distribution Order given by the court. An Administrator could not presume the wishes of the deceased and misuse his power as an Administrator. Not only that an administrator is not allowed to sell the Property to any party without a court order.
Transfer of Movable property
Transfer of Movable Property could be cash in a bank, shares in share market, shares in a company, jewelries, vehicles and etc. As an Executors and Administrators, you have to find out the procedure and documents needed from the respective parties/authorities. Generally, a completed set of certified true copy of the Grant of Pobate/ Letter of Administration, Death Certificate, Identity Card of the Executor/ Administrators, the documents and details of the movable property.
Transfer of Vehicle for both Grant of Probate and LA
The authority in charge on transfer of vehicle will allow the transfer to a executor or administrator as long as his name is stated on the grant of probate and LA. However, this authority may not register joint executors or joint administrator, hence there is only one name can be registered.
Right of Beneficiaries to renounce their rights
As the beneficiaries of the estate, you could choose to renounce your rights over the movable and immovable properties.
In conclusion, not all Executors and Administrators are trained to administrate the estate of the deceased. To the living person, please make sure you appoint a capable and trustworthy person to handle, if not your surviving family members may not be able to receive the estate that you leave behind. To the potential and existing Executors and Administrators, you should always consult the relevant parties and to act impartially to administrate the estate of the deceased.