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Process and Procedure in Estate Administration
(Section 17 of the Public Trust Corporation Act of 1995)

1. Application
The Applicant must fill in the Application Form for Administration of Deceased's Estate. It must be submitted together with the relevant supporting documents such as Death Certificate/proof of death, Marriage Certificate, copy of the Personal Identification Document / Birth Certificate of the beneficiaries, and documents showing ownership by deceased of property, eg. car/land grants, etc.

2. Investigation
Information by way of investigation will be gathered from the relevant parties to ascertain the assets, liabilities and the status of the deceased's beneficiaries.

3. Confirmation
Confirmation by banks or other relevant parties of the deceased's assets and liabilities.

4. Grant of Letter of Administration (LA)
The process of granting Letters of Administration depends on the section under which the estate is administered.

5. Proceeds
All assets will be consolidated upon the issue of Letters of Administration. For instance, if the deceased has savings with a bank, AmanahRaya will produce a copy of the Letters of Administration to the bank to withdraw the savings. The bank will issue the cheque in AmanahRaya’s name. The cheque will then be deposited into the deceased's account with AmanahRaya.

6. Distribution
Distribution of the estate will be carried out after dealing with matters such as funeral expenses, liabilities, properties held in trust, matrimonial properties and the deceased’s will. Once the properties for distribution have been identified, AmanahRaya will proceed with the actual distribution of the estate among the beneficiaries entitled to it.

  • Muslims
    In the case of Muslims, distribution will generally be according to Faraid Law. But however if the beneficiaries having collectively agreed to a particular scheme of distribution produce written proof thereof, estate distribution will be as per the collective agreement.

     
  • Non- Muslims
    Where the deceased leaves a Will, estate distribution will be according to the terms of the Will. Where there is no Will, estate distribution will be according to the Distribution Act 1958 which determines the share each beneficiary is entitled to.

7. Preparation of Statement of Account
It is the responsibility of AmanahRaya as the administrator to prepare a Statement of Account of the Estate to reflect the estate's state of affairs. Such an account would show the actual assets, liabilities settled and the balance remaining. It would also list down the beneficiaries, their respective share of the estate and the amount received.

8. Property Distribution and Disposition
Once the estate has been distributed among the beneficiaries, estate administration is considered over. Monies meant for beneficiaries below 18 will be kept in Trust Accounts with AmanahRaya and paid out as and when the need arises. Upon attaining the age of 18 each beneficiary will be handed over the balance amount remaining in his/her Trust Account.

 
 

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