In Malaysia, the application for a Letter of Administration should be made when an individual passes away without leaving a valid will (intestate).
Obtaining a Letter of Administration in Malaysia involves a legal process that is governed by the Probate and Administration Act 1959. The general legal procedure to obtain a Letter of Administration in Malaysia is outlined below as a reference:
1. Appointment of an Executor/Administrator:
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An Executor/Administrator is usually appointed among the deceased’s next of kin.
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Hence, it is important to first identify and confirm the legal heirs of the deceased, including the surviving spouse, children, or other next of kin.
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In situations where the legal heirs of the deceased are unable to reach a consensus regarding the appointment of the Executor/Administrator, it is possible to initiate an application in the High Court for the Court’s adjudication on the matter.