How to Deal with The Deceased’s Properties in Malaysia?
How to Deal with The Deceased’s Properties in Malaysia?
In this article, we are going to discuss on how to deal with the deceased’s properties in Malaysia after he or she has passed away.
After one has died, it is the first step to find out whether the deceased left a will or not in Malaysia.
When there is a valid will, the executor will have to apply for a Grant of Probate pursuant to the section 3 of the Probate and Administration Act 1959. Upon obtaining a Grant of Probate, the executor will have to distribute the estate of the deceased in accordance to the wishes of the deceased as stated in the will.
However, if one passed away without a valid will in Malaysia, the assets would then need to be distributed according to the law under Distribution Act 1958. In such a situation, the Letter of Administration would apply instead of the Grant of Probate.
Unlike wills where there will be individuals named as the executors in the will, the law provides that any person having an interest in the estate of the intestate may apply for the Letter of Administration to administer the deceased’s estate and such person would be known as the administrator.
After the Court has granted the Grant of Probate or the Letters of Administration (whichever is applicable), the executor or the administrator will then act as the personal representative of the deceased’s estate and perform the following acts (if applicable):-
- Firstly, to collect and gather all the assets and properties of the deceased;
- Then, to pay off any debts or taxes before distributing the estate, including the outstanding loans, bills, and taxes of the deceased (lawyer is not required);
- To engage a conveyancing or property lawyer to perform a property transfer from the deceased to the beneficiary in accordance with the wishes of the deceased as stated in the will OR to distribute the estate in accordance with the Distribution Act 1958 and as such, conveyancing lawyers are required for such matters;
- Go to the bank to withdraw cash from the bank account or fixed deposit account and distribute to the beneficiary (lawyer is not required); and
- To perform the transfer of the ownership of the motor vehicle of the deceased to the beneficiary (lawyer is not required).
Inheritance process in Malaysia may be a complex process especially if there is no will written by the deceased. Therefore, it is important to ensure that you are guided by an experienced probate and property lawyer in order to ensure that the inheritance process is carried out in a smooth manner.
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