Administration of Intestate Estate

When a person dies without a Wasiat, he is deemed to die intestate and an administrator or administrators must invariably be appointed to administer his estate i.e. to collate his assets and liabilities and distribute any excess to his beneficiaries after full settlement of his debts in accordance with the principles of Syariah.

The procedures governing the application for such appointment as well as the duties and responsibilities of the administrator are contained in a number of statutory provisions, whereby the principal ones being are those found in the Probate and Administration Act 1959.

Indeed, estate-administration can be onerous and it goes without saying that the wrong choice of administrators can result in subjecting the beneficiaries to abject miseries.

Why appoint a Trustee Company as an executor?

A perennial problem besetting duly appointed administrators, among others, concerns the application of section 35 of the Probate and Administration Act 1959 which mandates that, save for certain exceptions, two sureties are required to provide security for the due administration of the estate. The security shall be by bond in the amount equivalent to the gross value of the estate.

Service of Administration of Intestate Estate.

As a trustee corporation, we also provide service for Administration of Intestate Estate. We have the skills and experience to take on the often heavy responsibilities of administering an estate and as part of the service, our duties can include the following :

Identifying the assets and liabilities of the deceased whether in Malaysia or abroad.

Establishing which parties are entitled to the estate.

Applying to the relevant authorities for the requisite Faraid certificate.

Obtaining a grant of Letters of Administration from the High Court of Malaya.

Paying off debts.

Dealing with tax returns and liabilities.

Distributing the estate to the beneficiaries in accordance with the Faraid rules.

Preparing all necessary accounting statements and documentation.

Small Estate Administration

In addition, as-Salihin may assist Faraid heirs for small estate applications at various Jabatan Ketua Pengarah Tanah dan Galian (JKPTG) throughout Peninsular Malaysia (Applicable for estate worth less than RM 2,000,000 of both immovable and movable properties).

Why Let Others Determine Distribution of Your Assets When You Depart?

You have the right to choose the administrator of your estate. It is important to appoint a competent and qualified executor in ensuring that the right of the deceased and his family are safeguarded.

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