Administration of Estate Ordinance – 1.12.

2023

1. When a person dies, a personal representative of the deceased (either an

Administrator or Executor) has to be appointed to administer his estate.

2. No Will (i.e dying interstate) - Apply for Letters of Administration (LA) to

be issued to the Administrator.

3. Where there is a Will (dying testate) - Apply for Probate to be issued to the
Executor(s) named in the Will.

4. Apply to Probate Officer (not Court) for grant of LA and Probate.

5. Who is the Probate Officer?

For Kuching:
District Officer in respect of Malay and Dayak estates.
Amanah Raya Berhad in respect of Chinese and other estates.

Other Districts: Officer-in-Charge of the District.

6. What if the deceased have properties in more than one District? Is there a
need to apply to different Probate Officers for separate grants?

7. Where is the application procedure like?

8. What if the sole Executor or last surviving Executor dies before applying
for Probate? Apply for LA with Will annexed.

9. What if the sole Executor or last surviving Executor or Administrator dies

after issuance of LA/Probate but before completion of administration?
Apply for Letters of Administration De Bonis Non to be issued to an
Administrator. Original grant has to be revoked by Probate Officer first.

10. LA and Probate cannot be granted to a person outside Sarawak. What if

all the beneficiaries are overseas? Must appoint an attorney in Sarawak to
apply for the grant. The LA or Probate may be granted to the duly
appointed attorney who will administer the estate.

11. Application to be made in person. The intended Executor or Administrator

must appear before the Probate Officer in person to sign the application in
the form of an affidavit.

12. A list of all properties to be declared in the affidavit and annexed to the
grant. What about properties overseas (including West Malaysia)?
Administration of Estate Ordinance – 1.12.2023

13. Re-Sealing of LA and Probate granted overseas. “The Re-Sealing of the

Grant of probate is hereby granted to X”. X must not be outside Sarawak.
Can appoint an attorney to apply for the Re-Sealing.

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