Small Estate Declaration for Malaysia

Small Estate Declaration Template for Malaysia

A Small Estate Declaration is a formal legal document used in Malaysia for estates valued at RM2 million or less. This declaration is filed under the Small Estates (Distribution) Act 1955 and serves as an official statement detailing the deceased person's assets, beneficiaries, and relevant information required for estate distribution. The document is crucial in Malaysia's dual legal system, accommodating both civil and Shariah law requirements for estate distribution, and must be submitted to the Land Administrator or Amanah Raya Berhad for processing.

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What is a Small Estate Declaration?

The Small Estate Declaration is a fundamental document in Malaysian estate administration, specifically designed for estates valued at RM2 million or less. This document is mandated by the Small Estates (Distribution) Act 1955 and its accompanying regulations. It serves as the primary instrument for initiating the distribution process of small estates, requiring detailed information about the deceased, their assets, and potential beneficiaries. The declaration must be filed with either the Land Administrator or Amanah Raya Berhad, depending on the nature of the assets involved. Malaysia's unique dual legal system means the document must accommodate both civil law and Shariah law requirements when applicable, particularly in cases involving Muslim deceased persons where Faraid principles apply.

What sections should be included in a Small Estate Declaration?

1. Declaration Header: Title of document, reference number, and jurisdiction details

2. Declarant Details: Full name, ID number, address and relationship to deceased

3. Deceased Person's Details: Full name, last address, date and place of death, religion

4. Estate Details: List of all assets falling under the small estate category, including their estimated values

5. Beneficiary Information: Details of all legal beneficiaries and their relationship to the deceased

6. Declaration of Truth: Formal statement confirming the truth of all information provided

7. Signature Section: Space for declarant's signature, witness details and attestation

What sections are optional to include in a Small Estate Declaration?

1. Faraid Distribution Section: Required only for Muslim deceased persons, showing Islamic inheritance shares

2. Multiple Declarants: Additional section needed when more than one person is making the declaration

3. Previous Applications: Details of any previous applications relating to the estate, if applicable

4. Debts and Liabilities: Section detailing any outstanding debts of the deceased, if any

5. Grant of Letters of Administration: Reference to any existing letters of administration, if applicable

What schedules should be included in a Small Estate Declaration?

1. Schedule A - List of Assets: Detailed inventory of all assets including registration numbers, titles, account numbers

2. Schedule B - Beneficiary Details: Complete list of beneficiaries with their full names, addresses, ID numbers and relationship to deceased

3. Schedule C - Supporting Documents: List of all attached supporting documents such as death certificate, ID copies, title deeds

4. Appendix 1 - Valuation Reports: Any professional valuations of property or significant assets

5. Appendix 2 - Family Tree: Diagram showing family relationships relevant to inheritance claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Public Administration

Financial Services

Real Estate

Property Management

Banking

Wealth Management

Public Notary Services

Relevant Teams

Legal

Estate Administration

Property Management

Wealth Management

Trust Services

Probate Administration

Document Processing

Client Services

Relevant Roles

Legal Officer

Estate Administrator

Property Manager

Land Administrator

Probate Officer

Legal Executive

Trust Officer

Commissioner for Oaths

Legal Assistant

Wealth Manager

Estate Planning Advisor

Public Trustee

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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