Question 1

What is the difference between probate and letters of administration?

Accepted Answer

A grant of probate is issued when there is a valid will naming an executor: the High Court confirms the executor’s authority. Letters of administration are issued when there is no will, or no executor able and willing to act: the court appoints an administrator, usually a family member, to do the same job. An administrator ordinarily also gives an administration bond, with sureties, unless the court dispenses with them.

Question 2

Do we always have to go to the High Court?

Accepted Answer

No. Where there is no will and the estate does not exceed RM5,000,000, the Small Estates Distribution Unit (JKPTG) handles it through the land office — and since 15 July 2024 this applies whether or not the estate includes land. Where the estate is movable property only and within RM600,000, Amanah Raya Berhad can administer it. A valid will, however, means a High Court probate application whatever the size. The route tool above tells you which applies.

Question 3

The bank won’t tell us what accounts our late parent had. Is that normal?

Accepted Answer

It is the single most common obstacle. Banks release funds only to a personal representative holding a grant or distribution order — yet the application asks you to list the accounts. The Financial Services Act 2013 does permit a bank to disclose information to someone it believes in good faith is entitled to apply for the grant, but banks apply this cautiously and each has its own process. We conduct these searches formally and compile the asset list the application needs.

Question 4

Can we use the ATM card to pay for the funeral?

Accepted Answer

No. Using the deceased’s card or online banking after death is dealing with estate assets without authority, even with good intentions, and can create personal liability. The account will be frozen once the bank learns of the death. Keep the funeral receipts instead — reasonable funeral expenses are payable from the estate with priority.

Question 5

My father nominated me for his EPF. Does that go through probate?

Accepted Answer

A valid EPF nomination is paid directly by the EPF and does not wait for probate. For a non-Muslim member the nominee receives the savings beneficially. For a Muslim member the nominee receives them as a wasi — an administrator who must distribute them according to faraid. Without any nomination, the next of kin apply to the EPF, which will ask for supporting documents and, depending on the amount, a grant or distribution order.

Question 6

What happens if there is no will at all?

Accepted Answer

The law, not the family, fixes who inherits. For non-Muslims in Peninsular Malaysia and Sarawak, the Distribution Act 1958 sets the shares — the calculator above shows them. For Muslims, faraid applies. For non-Muslims in Sabah, the Intestate Succession Ordinance 1960 applies instead. Who administers the estate is a separate question — see the route tool.

Question 7

Are the rules different for Muslims?

Accepted Answer

The administering bodies are the same — Amanah Raya, the Small Estates Distribution Unit, or the High Court — but distribution follows faraid, with each heir’s share certified by the Syariah Court. A wasiat can generally dispose of no more than one-third of the estate without the other heirs’ consent.

Question 8

Do Sabah and Sarawak follow the same rules?

Accepted Answer

The administration routes are nationwide. Distribution differs: the Distribution Act 1958 covers Peninsular Malaysia and Sarawak, while Sabah has its own Intestate Succession Ordinance 1960 with its own shares. Native customary law and Islamic law estates follow their own rules in both states. If the deceased or the assets were in Sabah or Sarawak, speak to us before acting on general figures.

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