Small Estate Affidavit Form Template for Malaysia

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Small Estate Affidavit Form

"I need a Small Estate Affidavit Form for my mother's estate in Selangor, Malaysia, valued at RM1.2 million, with four surviving children as beneficiaries; the estate consists of a residential property and two bank accounts."

Document background

The Small Estate Affidavit Form is a crucial legal document in Malaysian estate administration, specifically designed for estates valued at RM2 million or less. This document type was established under the Small Estates (Distribution) Act 1955 to provide a more accessible and efficient process for administering smaller estates compared to full probate proceedings. The form is used when a person dies leaving property in Malaysia, and it allows eligible parties to declare their right to administer the deceased's estate. It must include comprehensive information about the deceased, their assets, and potential beneficiaries, while accommodating both Islamic law requirements for Muslim estates and civil law for non-Muslim estates. The document is processed through the Land Office rather than the High Court, making it more accessible to the general public.

Suggested Sections

1. Declarant Information: Details of the person making the affidavit, including full name, NRIC number, relationship to deceased, and contact information

2. Deceased Person's Details: Full particulars of the deceased including name, NRIC number, last address, date and place of death, religion, and marital status at time of death

3. Estate Value Declaration: Statement confirming the total value of the estate falls within small estate definition (RM2 million or less) with brief summary of assets

4. Beneficiary Information: List of all surviving family members who may have claims to the estate, including their relationships to the deceased

5. Declaration of Truth: Formal statement affirming that all information provided is true and accurate, with acknowledgment of legal consequences for false declarations

6. Execution: Space for declarant's signature, witness details, and commissioner for oaths' attestation

Optional Sections

1. Will Declaration: Section to indicate if deceased left a will or died intestate - required only if there is a will

2. Shariah Compliance Statement: Required only for Muslim estates, confirming distribution will follow Islamic law principles

3. Previous Applications: Statement regarding any previous applications for estate administration - required if there were prior attempts

4. Debt Declaration: Section detailing known debts of the deceased - required if there are outstanding debts

5. Consent of Other Beneficiaries: Required when other eligible beneficiaries agree to the declarant handling the estate

Suggested Schedules

1. Schedule A - Estate Assets: Detailed inventory of all assets including bank accounts, vehicles, properties, and personal effects with their respective values

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

3. Schedule C - Supporting Documents: List of attached documents including death certificate, deceased's identity card, marriage certificate, and other relevant certificates

4. Appendix 1 - Death Certificate: Certified true copy of the death certificate

5. Appendix 2 - Identity Documents: Copies of NRIC/identity documents of deceased and all beneficiaries

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

alex.den.21@genieai.co

Relevant legal definitions

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Relevant Teams

Legal

Probate Administration

Estate Planning

Wealth Management

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Client Services

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Compliance

Trust Administration

Relevant Roles

Legal Executive

Probate Lawyer

Estate Planning Attorney

Bank Officer

Land Office Administrator

Commissioner for Oaths

Estate Administrator

Wealth Manager

Legal Secretary

Paralegal

Trust Officer

Small Estate Distribution Officer

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Authors

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