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Different Process Between Testacy and Intestacy PDF Print E-mail

Testacy (With a Valid Will)

  • Executor apply for Grant of Probate in High Court
  • Executor obtained Grant of Probate within 1 year from High Court 
  • Executor distributes assets according to Will

Intestacy (Without a Valid Will) 

  • Assets frozen upon demised
  • All family members consent to appoint the same Administrator(s)
  • (Section 30, Probate and Administration Act 1959, any person ‘interested in the estate of the deceased person or in the proceeds of sale thereof’ is entitled to be the administrator – It means even your creditor can applies to be your administrator! What a disaster! 

Administrator identifies, locate and value assets involved

Potential problem is Administrator is allowed to get commission up to maximum 5% of the assets value by the High Court before distributing them.

Administrator to find 2 Sureties (guarantor) to guarantee the estate gross value

If you died leaving RM1 million of Estate, your Administrator must find 2 Sureties who are willing to guarantee the same amount. The further problems are, the Estate is valued without deduction of debts, encumbrances, funeral expenses or Estate Duty.)  

Administrator apply for Letters of Administration(LA) in High Court

Administrator obtained Letters of Administration generally 1 year and above. This is due to the problems in the requirements mentioned above.

Administrator distributes Estate according to Distribution Act 1958

Whether you or your family wish or not, the Estate will not be distributed according to yours or theirs wish, but Distribution Act 1958.
 

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