What is Considered a Small Estate?
To qualify under the Small Estates (Distribution) Act 1955, the estate must meet the following three conditions:
The deceased must have died intestate, i.e., without leaving a will;
The estate may consist of both movable and immovable property (e.g., bank accounts, vehicles and land);
The total value of the estate must not exceed RM5 million.
Note: The RM5 million threshold and the inclusion of movable property under the scope of the Act were introduced via the Small Estates (Distribution) (Amendment) Act 2022 which came into force in July 2024.
Steps to Apply for Small Estate Distribution:
With digitalization efforts by the Department of Director General of Lands and Mines (JKPTG), the entire process is now easier through the MyLand Portal.
1. Apply via the MyLand Portal
To begin the application process, visit the MyLand Portal at www.myland.gov.my. You will need to provide the documents required and to generate Borang A from the system.
2. Affirm Borang A
After Borang A has been generated, you must sign and affirm the form before a Commissioner for Oath and thereafter to upload the Form A at the MyLand Portal.
3. Wait for Hearing Notification
After submission, applicants will be notified of their hearing date and time via Borang D.
4. Attend the Hearing
The applicant and beneficiaries are required to attend the hearing in person. However, if a beneficiary is unable to attend, they must submit a Form DDA.
5. Charges
After the hearing, , the following are the fees payable : –
No. Value Fee for Distribution Order
- Below RM2,000,000.00 0.2% of the total value of the Deceased Estate
- RM2,000,001.00 and RM5,000,000.00 0.3% of the total value of the Deceased’s estate
6. Issuance of Letters and Orders
Once the application is found to be in order, the Land Administrator will proceed to appoint an Administrator or Administratrix using Form F and issue a Distribution Order for the estate using Form E.
These orders will be issued approximately one to two months after the required order fee has been paid.
7. How Are the Assets Distributed?
The distribution of the deceased’s assets depends on the religion of the deceased. For Muslims, the estate will be distributed in accordance with Faraid, the Islamic law of inheritance. For non-Muslims, the estate will be distributed in accordance with the Distribution Act 1958.
8. Further Applications (if needed)
Should there be additional assets or if there’s a need to change the appointed administrator, the applicant may file a subsequent application using Form P.
Conclusion
While having a will is always advisable to ensure your estate is distributed according to your wishes, the Small Estate Distribution mechanism provides a clear and accessible pathway for beneficiaries of an intestate estate.
With the recent updates and availability of the MyLand portal, the process is now more efficient and transparent and easily accessible to the public.
If you need assistance with your small estate application or understanding the distribution process, feel free to contact us for guidance.
Email us at : admin@bcc.my
Call us at: 03-6416 0102
Written by: Legal Associate, Dayangku Mazwa
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. For legal assistance tailored to your specific situation, please contact us.
