APPLY FOR GRANT OF LETTER OF ADMINISTRATION

A Grant of Letter of Administration legally recognizes an applicant as the Administrator of the deceased’s estate.

The appointed individual manages the deceased’s property. This includes distributing the estate to the beneficiaries after payment of the deceased’s debts and other expenses.

1. Pre-Application Checklist

Application	What You Need
For Muslims (LA)	Faraidh Order (Syariah High Court) (insert forms) Statutory Declaration (SD) to be administrator SD of renunciation / consent from other beneficiaries
For Non-Muslims (LA)	SD to be administrator (insert forms) SD of renunciation / consent from other beneficiaries

2. File Your Application

Required Documents Common to Both LA and GP:

Application Form (Free)
Petition Form
Affidavit (Collector of Stamps)
Death Certificate and IC of deceased
Marriage Certificate / Single Status Certificate (from Ketua Kampung)
ICs of beneficiaries
All documents of title to the estate

3. Fees

Item	Fee
File Opening (Petition Form)	B$160.00
Affidavit Fee (per applicant)	B$5.00
Stamp Duty (upon extraction)	B$1.00
Extraction Fees Based on estate value	See Extraction Fee Table (link to table)

4. Valuation of Estate

Once documents are submitted, the Registry issues valuation letters for you to send to relevant agencies (e.g. Land, Banks, Transport). Return the replies to the Probate Office.

5. Extraction Fee Table

NET VALUE OF THE ESTATE ASSESSED BY THE COLLECTOR OF ESTATE DUTY DOES NOT EXCEED	EXTRACTION FEE
B$10,000.00	B$20.00
B$20,000.00	B$40.00
B$30,000.00	B$60.00
B$40,000.00	B$80.00
B$50,000.00	B$100.00
B$60,000.00	B$120.00
B$70,000.00	B$140.00
B$80,000.00	B$160.00
B$90,000.00	B$180.00
B$100,000.00	B$200.00
B$110,000.00	B$220.00
B$120,000.00	B$240.00
B$130,000.00	B$260.00
B$140,000.00	B$280.00
B$150,000.00	B$300.00
B$160,000.00	B$320.00
B$170,000.00	B$340.00
B$180,000.00	B$360.00
B$190,000.00	B$380.00
B$200,000.00	B$400.00
B$300,000.00	B$500.00
B$400,000.00	B$600.00
B$500,000.00	B$700.00
B$800,000.00	B$800.00
B$1,200,000.00	B$1,000.00
B$2,000,000.00	B$1,200.00

6. Hearing and Grant

Once fees are paid, the hearing will be scheduled within one month.

Attend the hearing with the Probate Officer or Deputy Probate Officer.

If successful, the Letter of Administration will be issued.

probate_office_letter_of_administration01

7. What is the role of an Administrator? What if they fail to carry out their duties?

DUTIES & RESPONSIBILITIES AS AN ADMINISTRATOR	FAILURE TO FAITHFULLY BE AN ADMINISTRATOR
To collect and recover all the property, assets and effects covered by the grant	If the assets are damaged, administrator may become liable for them
To find out if there is any debt by the deceased due to be paid	In the event there has been an abuse of power by the Administrator, beneficiaries may seek an order in the High Court for records to be shown and / or for payments to be made. Beneficiaries may apply for a new Administrator to be appointed
Administrator may pay back for costs on burial or application to be the administrator
Distribute the residue of the estate according to the law
To keep a personal account and record of any dealing with assets under administration

8. Change of Administrator

probate_office_change_of_administrator01

When do you need to change the Administrator?

There are two main reasons:

The current Administrator wants to withdraw;
The current Administrator has passed away.

If the Administrator Wishes to Withdraw	If the Administrator has Passed Away
For Muslim Deceased: Must apply again for Eligibility to be an Administrator at the Syariah High Court; The Letter of Administration must be returned; The application starts from the beginning.	For Muslim Deceased: Must apply again for Eligibility and Faraidh Order at the Syariah High Court; The Letter of Administration must be returned; The application starts from from the beginning.
For Non-Muslim Deceased: The existing Administrator must submit a Statutory Declaration to resign; The Letter of Administration must be returned; The application starts from the beginning; Still uses the same File Number.	For Non-Muslim Deceased: Need to apply for De Bonis Non Administration (new administrator for remaining estate); The Letter of Administration must be returned; The application starts from the beginning; A new file number will be assigned.

If the Administrator Wishes to Withdraw

If the Administrator has Passed Away

For Muslim Deceased:

Must apply again for Eligibility to be an Administrator at the Syariah High Court;
The Letter of Administration must be returned;
The application starts from the beginning.

For Muslim Deceased:

Must apply again for Eligibility and Faraidh Order at the Syariah High Court;
The Letter of Administration must be returned;
The application starts from from the beginning.

For Non-Muslim Deceased:

The existing Administrator must submit a Statutory Declaration to resign;
The Letter of Administration must be returned;
The application starts from the beginning;
Still uses the same File Number.

For Non-Muslim Deceased:

Need to apply for De Bonis Non Administration (new administrator for remaining estate);
The Letter of Administration must be returned;
The application starts from the beginning;
A new file number will be assigned.