A Legal Guide for Managing an Estate Without a Will
What Are Letters of Administration?
Letters of Administration (LA) is a legal document issued by the High Court of Malaya, allowing an eligible next of kin to be appointed as administrator to manage and distribute the estate of someone who passed away intestate (without a valid will).
Who Can Apply for Letters of Administration?
The priority of entitlement to apply is determined by the Distribution Act 1958 (as amended), and typically follows this order:
Spouse
Children
Parents
Siblings or other available next-of-kin
If multiple parties are eligible, they must first renounce their right to act as administrator to allow the person applying to be appointed. Where there is a minor interest in the estate (i.e. beneficiary under the age of 18), at least 2 administrators will be appointed.
Step-by-Step Process to Apply for Letters of Administration in Malaysia
1. Determine Eligibility and Scope
Identify who is legally entitled to apply and gather an overview of the deceased’s estate—bank accounts, property, EPF, vehicles, debts, etc.
2. Engage a Lawyer
A lawyer will guide you through the application process, help prepare affidavits, and handle court filing. At Chan & Chia, we make the process smooth, accurate, and timely.
3. Prepare Required Documents
You will need to gather:
Original death certificate
Identity cards of the intended administrator(s) and beneficiaries
List of assets and liabilities
Proof of relationship (e.g., marriage certificate, birth certificates)
Supporting documents (bank statements, land titles, etc.)
4. File Application in the High Court
The lawyer will file the LA petition in the appropriate High Court. In some cases, a bond or surety may be required unless it is dispensed by the court.
5. Court Hearing
The court will hear the application and may request additional documentation. Once satisfied, the court will issue the Letters of Administration, authorising the administrator to manage the estate.
6. Administer and Distribute the Estate
Once the LA is granted, the administrator must:
Settle debts and liabilities
Collect and manage the estate’s assets
Distribute the estate according to the Distribution Act 1958
Keep proper records of transactions
How Long Does It Take to Obtain Letters of Administration?
How Long Does It Take to Obtain Letters of Administration?
The time frame typically ranges from 3 to 6 months, depending on:
Completeness of documentation
Complexity of the estate
Whether bond or surety is required
Court backlog
Delays can be avoided by working with an experienced estate lawyer.
Why Choose Chan & Chia as Your Estate Administration Lawyer in Seremban?
At Chan & Chia, we provide:
✅ End-to-end service from document preparation to court filing
✅ Practical legal advice tailored to your family’s situation
✅ Transparent and affordable legal fees
✅ Compassionate and responsive client care
We understand the emotional and legal challenges families face when there is no will. Let us handle the legal process so you can focus on what matters most.