Act of Parliament · Updated to 15 Jul 2024 · 5 parts
Small Estates (Distribution) Act 1955
Feedback & supportSharing out small estates of deceased personsIn plain English
Not legal adviceThis Act deals with how the small estates of people who have died are distributed. It comes into force in a state on a date the minister sets, and different provisions may start on different dates. A part of the Act applies only in the districts of Jelebu, Kuala Pilah, Rembau and Tampin in the State of Negeri Sembilan. That part affects the estate of a deceased member of a tribe for property in those districts. Another part applies only in the State of Sabah.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Part I
Preliminary
Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Small Estates (Distribution)
Act 1955, and shall come into force in relation to any State on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for different provisions of this
Act.
In bringing this Act into force in Sarawak, the Minister may by order make such modifications thereto as he deems necessary in
*NOTE—In its application to the Federal Territory of Labuan—see the Federal Territory of Labuan
(Modification of the Small Estate (Distribution) Act 1955) Order 2011 [P.U. (A) 20/2011] which comes into operation on 1 February 2011.
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relation to its application to the estates of deceased persons who at the time of their death were natives of Sarawak.
This Act shall come into force in the Federal Territory of
Labuan on such date as the Minister may by order specify, and such order may provide for such modifications to this Act in its application in the Federal Territory of Labuan as the Minister may deem necessary, and also for the consequential repeal or amendment of any other written law in so far as it applies in the Federal Territory of Labuan.
s 2Interpretation
In this Act, unless the context otherwise requires—
“Corporation” means the Amanah Raya Berhad, a company incorporated under the Companies Act 1965 [Act 125] pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532];
“distribution order” means an order for the distribution of a small estate made under this Act;
“Estate Distribution Officer” means an officer appointed under section 2C;
“High Court” means the High Court in Malaya or the High Court in
Sabah and Sarawak, as the case may require;
“Land Administrator” means—
in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak
Administrative Officer appointed for the district or part thereof;
in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land
Revenue appointed for the district or part thereof; and
NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]
which comes into operation on 31 January 2017―see subsection 620(1) of Act 777.
Small Estates (Distribution) 9
in relation to the States in Peninsular Malaysia, the Land
Administrator appointed for a district and includes any
Assistant District Land Administrator appointed for the district or part thereof;
“Majlis”, in relation to a State, means the Majlis Agama Islam, by whatever name called, established under any written law for the purpose of administering Islamic law;
“native” means a native of Sabah or a native of Sarawak;
“native of Sabah” has the meaning assigned to the word “native” in the Interpretation (Definition of Native) Ordinance of Sabah [Cap. 64];
“native of Sarawak” has the meaning assigned to the word “native”
in the Interpretation Ordinance of Sarawak [Cap. 1];
“Native Title” has the meaning assigned thereto in the Land
Ordinance of Sabah [Cap. 68];
“patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act;
“petition for distribution” means a petition for the distribution of a small estate lodged under section 8;
“prescribed” means prescribed by regulations made by the Minister under section 30;
“President” means the President of Estate Distribution appointed under subsection 2A(1);
“property” means immovable property or movable property or both;
NOTE—The Interpretation Ordinance of Sarawak [Cap. 1] has been repealed by the Interpretation
Ordinance, 2005 [Cap. 61] which comes into operation on 1 July 2005―see section 61 of Cap. 61.
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“purchaser” means a person who, at the date of the filing by himself, or by any other person, of a petition for distribution, is in occupation of any land registered in the name of the deceased, whether as sole proprietor or co-proprietor, by virtue of an agreement for the sale of that land or any interest therein by the deceased to himself or to any person through whom he claims, or is in possession of any movable property sold by the deceased by a written agreement;
“Registrar” means the Registrar of the High Court and includes a
Deputy Registrar, a Senior Assistant Registrar and an Assistant
Registrar of the High Court;
“Registrar of Titles” includes a Registrar or Assistant Registrar appointed under section 3 of the Land Code of Sarawak [Cap. 81];
“State” includes a Federal Territory;
“valuation officer” means a valuation officer employed by the
Government and includes an assistant valuation officer or a registered valuer under the Valuers, Appraisers, Estate Agents and Property
Managers Act 1981 [Act 242].
PART IA
PRESIDENT OF ESTATE DISTRIBUTION,
DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND
ESTATE DISTRIBUTION OFFICER
The Minister shall appoint from among the Estate
Distribution Officers appointed under section 2C a President of Estate
Distribution.
The President shall have all such powers as may be necessary for or in connection with the exercise of his powers under this Act or which are reasonably incidental to such exercise.
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Without prejudice to the generality of subsection (2), the powers of the President shall include the power to determine the territorial jurisdiction of any Estate Distribution Officer to deal with the distribution and administration of any estate falls within the Act and to have direct control and supervision over all the Estate
Distribution Officers appointed under this Act.
The Minister may appoint such number of Deputy Presidents of Estate Distribution from among the officers appointed under section 2C to assist the President in the exercise of his powers under this Act.
If for any reason the President is unable to exercise his powers, the Minister may appoint one of the Deputy Presidents to exercise the powers of the President.
s 2CAppointment of Estate Distribution Officer
The Minister may appoint from among the public officers such number of Estate Distribution Officers as may be necessary for the purpose of carrying into effect the provisions of this Act.
Part II
Administration of Small Estates
Part III
Special Provisions Relating to Negeri Sembilan
Part IV
Special Provisions Relating to Sabah
Part V