Malaysia legislation
Section 17
Section 17
(a)
that the total value of the property without deduction for debts, but not including the value of any property which the deceased possessed or was entitled to as trustee and not beneficially, does not exceed six hundred thousand ringgit; and
(b)
that no person is entitled to apply to the Court for grant of probate of will or no petition for letters of administration is pending,
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the Corporation shall, upon the application of a person making a claim on the property and if it thinks fit to do so, by writing declare that it undertakes to administer the property, and thereupon the Corporation shall be empowered to administer the property as though letters of administration of the estate of the deceased person had been granted to the Corporation, and the Corporation’s receipt shall be a sufficient discharge to any person who pays any money or delivers any property to the Corporation; and notice of every such declaration shall be filed in the proper Registry of the Court.
(2)
When the Corporation is satisfied that the value of any property referred to in subsection (1) does not exceed fifty thousand ringgit, it may direct that the same or any part thereof be delivered to any person or persons on being satisfied as to the title of the claimant and value of the property by the oath or affirmation of the claimant or by such other evidence as the Corporation may require and the Corporation may in its discretion take such security as it thinks proper for the due administration of the property or the protection of the rights of any other person.
(b)
Nothing in this subsection shall affect the right of any person to recover the whole or any part of the property delivered under paragraph (a) from the person to whom it may have been delivered.
(c)
If the property is of no appreciable value or its value, in the opinion of the Corporation, is so small as to render impracticable the sale thereof, the Corporation may direct the property to be destroyed or otherwise disposed of as it thinks fit.
(3)
The powers conferred on the Corporation by this section shall be without prejudice to the powers to deal, without a grant of probate of will or letters of administration, with property of a deceased person conferred upon any other person by any other written law:
Provided that every such person shall, on request, supply to the Corporation a full and true account of any such property dealt with by him and shall, if so required, pay or deliver to the
Corporation any money or other property remaining under his control.
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Public Trust Corporation
(4)
At any time prior to the distribution of any part of the property among the beneficiaries thereof under this section, the
Corporation may, if it thinks expedient to do so, notwithstanding any declaration made under subsection (1), decline to proceed with the administration of the property in its hands until a distribution order or a grant of probate or grant of letters of administration has been obtained in respect of the estate of the deceased.
(5)
The proceeds of the sale of any property received by the
Corporation in accordance with subsection 23(2) of the Police
Act 1967 [Act 344] shall be dealt with in the same manner as the property is by this section ordered to be dealt with.
(6)
This section shall not apply in the case of the property of the deceased to which Part III or IV of the Small Estates
(Distribution) Act 1955 [Act 98] applies, but, subject as aforesaid, shall apply to all States.
Administration of estates of small value