When a property owner dies in Malaysia, the house does not pass to the family automatically. Someone must first get legal authority over the estate. If there is a will, the executor applies to the High Court for a grant of probate. If there is no will and the whole estate is worth RM5 million or less, the family applies to the Small Estates Distribution Unit at the land office (under JKPTG) for a distribution order. A larger intestate estate needs letters of administration from the High Court. Only after that can the title be transferred to the heirs or the house be sold.
This guide sets out which route applies, the steps and documents, who inherits without a will, what the transfer to heirs costs, and a worked example.
Which Route Applies?
| Situation | Route | Where | Typical time |
|---|---|---|---|
| Valid will names an executor | Grant of probate | High Court | Several months if uncontested |
| No will, total estate up to RM5 million | Small estate distribution | Small Estates Distribution Unit (Unit Pembahagian Pusaka), JKPTG / land office | Several months to a year or more, depending on the unit and on heirs agreeing |
| No will, estate above RM5 million | Letters of administration | High Court | Often longer than probate; sureties may be required |
| Movable assets only (no land), modest value | Summary administration | Amanah Raya Berhad | Usually the quickest route |
The RM5 million limit and the inclusion of estates with only movable property come from the Small Estates (Distribution) (Amendment) Act 2022, which raised the previous RM2 million limit. (Source: Small Estates (Distribution) Act 1955 as amended by Act A1645, gazetted 25 January 2022; checked 5 Oct 2026.) The older idea that an estate must contain land to count as a "small estate" no longer applies.
A will takes the estate to the High Court regardless of value, because the small estates procedure is for intestate estates. Timelines vary widely between courts and land offices; the figures above are a guide, not a promise.
SuperHomes Data: How Many Homes Sell Above RM5 Million?
Recorded home sales in Kuala Lumpur and Selangor show how often a single property reaches the RM5 million small-estates limit:
| Price band | Recorded sales | Share of 17,793 sales |
|---|---|---|
| RM1,000,000 or less | 13,783 | 77.5% |
| Above RM2,000,000 | 1,280 | 7.2% |
| Above RM5,000,000 | 169 | 0.95% |
The median price across all 17,793 recorded residential sales was RM615,000.
Source: SuperHomes analysis of JPPH-recorded residential transactions in Kuala Lumpur and the nine Selangor districts, January 2024 to September 2025, extracted 14 October 2026.
Fewer than one recorded sale in every hundred was above RM5 million, and it would take more than eight homes at the RM615,000 median to reach that figure. A single house in these two states will therefore rarely put an estate over the limit by itself. The total estate value is what counts, though, so bank balances, a second property, shares and other assets are added to the house, and the figures above are sales, not estates.
Route 1: Grant of Probate (There Is a Will)
- Find the original will. Check the deceased's papers, their lawyer, and will-writing companies or trust companies they used.
- Executor files a petition. The executor named in the will, usually through a lawyer, files a petition for probate in the High Court with the original will, the death certificate and a list of assets and liabilities.
- Court issues the grant. If nobody objects, the court grants probate, which confirms the executor's authority.
- Executor deals with the property. The executor registers the grant against the title at the land office and then either transfers the property to the beneficiaries named in the will or sells it and distributes the money.
The executor's power comes from the will, but banks, land offices and buyers will not act until they see the grant.
Route 2: Small Estate Distribution (No Will, Up to RM5 Million)
- File the petition (Form A). A beneficiary or other interested person files Form A with the Small Estates Distribution Unit for the district where the deceased's land is, or online through JKPTG's e-Pusaka system. Attach the death certificate, identity documents of the heirs and documents for each asset (land search, bank statements, share certificates).
- Notice of hearing. The unit fixes a hearing and notifies all heirs.
- Hearing before the distribution officer. Heirs attend, confirm the family tree and agree how the estate is divided, usually by the shares fixed by law, or by agreement where all heirs consent.
- Distribution order. The officer issues an order distributing the assets, or appoints an administrator if an asset needs to be sold or managed.
- Registration. The order is registered against the title so the heirs' names are endorsed.
Distribution is governed by the Distribution Act 1958 for non-Muslims and by faraid for Muslims. For Muslim estates, the Syariah Court issues a sijil faraid where needed.
Route 3: Letters of Administration (No Will, Above RM5 Million)
A close family member, usually the spouse or an adult child, petitions the High Court to be appointed administrator. The court may require sureties, and the administrator must collect the assets, pay debts and distribute according to the Distribution Act 1958 or faraid. Once appointed, the administrator deals with the property in the same way as an executor.
Who Inherits Without a Will (Non-Muslims)
Under section 6 of the Distribution Act 1958, the main shares are:
| Survived by | Spouse | Children (issue) | Parents |
|---|---|---|---|
| Spouse, children and parents | 1/4 | 1/2 | 1/4 |
| Spouse and children, no parents | 1/3 | 2/3 | — |
| Spouse and parents, no children | 1/2 | — | 1/2 |
| Children and parents, no spouse | — | 2/3 | 1/3 |
| Only spouse, only children or only parents | All | All | All |
(Source: Distribution Act 1958, section 6; checked 5 Oct 2026.) The Act applies in Peninsular Malaysia and Sabah; Sarawak has its own law. Muslim estates follow faraid rules, which fix different shares.
Worked Example: A Terrace House in Shah Alam
Mr Lim, a non-Muslim, dies without a will. His estate is a terrace house in Shah Alam worth RM650,000 (no loan), RM80,000 in the bank and a car worth RM40,000: RM770,000 in all, well under RM5 million. He leaves a wife, two adult children and his mother.
| Heir | Share | Value of share |
|---|---|---|
| Wife | 1/4 | RM192,500 |
| Two children | 1/2 between them (1/4 each) | RM385,000 (RM192,500 each) |
| Mother | 1/4 | RM192,500 |
Because there is no will and the estate is under RM5 million, the family files Form A with the small estates unit. If all four agree, the house can be registered in all their names in the shares above, or the heirs can agree that the wife takes the house and the others take the cash and car, with any balance settled between them. If they want to sell, the order can appoint an administrator to sell the house and divide the money.
Costs of Transferring the House to Heirs
- Stamp duty on a transfer by an executor or administrator to a beneficiary under the will or intestacy: a fixed RM10 per instrument, not the ad valorem scale. (Source: Stamp Act 1949, First Schedule, Item 32; checked 5 Oct 2026.) A transfer between heirs afterwards, such as one sibling buying out another, is a fresh transfer and attracts normal stamp duty unless a family exemption applies (estimate it with our stamp duty calculator).
- Land office registration fees set by each state for registering the grant, order and transfer.
- Lawyer's fees for a probate or letters of administration petition, which vary with the estate's size and complexity.
- Small estate fees charged by the distribution unit, which are modest compared with a High Court petition.
- Quit rent and assessment arrears that must be cleared before the title can be dealt with.
There is no inheritance or estate tax in Malaysia. RPGT generally does not apply to the transmission to heirs, but if the heirs later sell, RPGT is worked out from the date of the deceased's death. See our RPGT guide.
What If the House Still Has a Loan?
The bank's charge stays on the title. If the deceased had mortgage insurance (MRTA or MLTA), the insurer usually pays off some or all of the loan. Otherwise, the executor or administrator must keep paying, sell the house to clear the debt, or arrange for an heir to take over the loan, which the bank must approve. Talk to the bank early to avoid default notices while the estate is being sorted out.
FAQs
Q: What is the difference between probate and letter of administration?
Probate is the High Court's confirmation of the executor named in a will. Letters of administration appoint an administrator when there is no will (or no executor able to act). Both give the legal authority to deal with the deceased's property. For intestate estates up to RM5 million, a distribution order from the small estates unit is used instead of letters of administration.
Q: Can an inherited house be sold before probate?
No. Until probate, letters of administration or a small estate distribution order is granted and registered, nobody has authority to sign a transfer to a buyer. A buyer's lawyer will check this before the sale goes ahead.
Q: How long does it take to transfer an inherited property in Malaysia?
An uncontested probate case can take several months; a small estate application can take from several months to over a year depending on the land office and whether all heirs attend and agree. Disputes, missing heirs or missing documents add time. Plan for the full process before promising a buyer a completion date.
Q: What is the small estate limit in Malaysia?
Since the Small Estates (Distribution) (Amendment) Act 2022, an intestate estate of up to RM5 million in total value, made up of movable property, immovable property or both, can be distributed through the small estates procedure.
Q: Who inherits a house if a non-Muslim dies without a will?
Under section 6 of the Distribution Act 1958, if the deceased leaves a spouse, children and parents, the spouse takes 1/4, the children share 1/2 and the parents share 1/4. Other family combinations have different shares; Muslim estates follow faraid.
Q: How much is stamp duty when transferring an inherited house to a beneficiary?
A transfer from the executor or administrator to the beneficiary entitled under the will or intestacy is stamped at a fixed RM10. Later transfers between heirs are charged normal stamp duty unless a family exemption applies.
Q: Do I need a lawyer for a small estate application?
Not necessarily. Families can file Form A themselves at the small estates unit or through e-Pusaka. Many still use a lawyer or Amanah Raya where there are disputes, missing heirs or assets in several states.
Q: Is there inheritance tax in Malaysia?
No. Malaysia has no estate or inheritance tax. RPGT may apply if the heirs later sell the property, with the acquisition date treated as the date of death.
If the family plans to sell, read our guide to selling inherited property in Malaysia. If the heirs will keep the house together, see joint property ownership, and to guard the title during a long estate process, read about property title fraud.
