If the gross value of the estate does not exceed RM 600,000 and consists of movables only, Amanah Raya Berhad(ARB) can administer the estate by issuing a declaration whereby the assets will be administered and distributed accordingly. Should there be a Will, the distribution will be according to the Will; and if it is Intestacy, the distribution will follow the Distribution Act.
If the gross value of the estate does not exceed RM 2mil and consists of both immovable & movable assets, ARB will not stand in to administer. For those who dont have a Will, the lawful beneficiaries have to go to the District Land Office and will follow the Distribution Act. For those who has a Will, the procedures will be according to the High Court.
When a person passes away without a Will, the first issue arise would be to determine who to be the Administrator of the estate. How to appoint? He can be someone appointed among the beneficiaries to act on behalf of the deceased; he can be one of the beneficiary also. Every other beneficiary must agree to the appointment and renounce their rights if they are not applying as an Administrator. This can be lead to a contention when the beneficiaries can not agree on who should be the Administrator, the dispute may turn into a legal suit and drag for years.
All the lawful beneficiaries under the Distribution Act 1958 (as amended in 1997) must give written consent to appoint 1 Administrator if all lawful beneficiaries are 18 & above OR, 2 Administrator if not all are 18 & above.
