Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part II · Administration of Small Estates
3. Application of Part and definition of small estate
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This part applies throughout Malaysia. A small estate is the estate of a person who has died, with property worth no more than five million ringgit in total. Its value is taken at the date the earliest petition about the estate is filed or lodged. Debts are not deducted, and property held only as a trustee is left out.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
This Part shall have effect throughout Malaysia.
For the purposes of this Act, a small estate means an estate of a deceased person consisting of any property situated in any State and not exceeding five million ringgit in total value.
(Proviso omitted by P.U. (B) 217/1974).
12 Laws of Malaysia ACT 98
For the purposes of this section, the value of the property comprised in an estate shall be deemed to be its value at the date of the filing of a petition for probate or letters of administration or lodging of a petition for distribution under this Act in respect of the estate or, if more than one such petition has been filed or lodged in respect of the same estate, at the date of the filing or lodging of the earliest petition.
property
“property” means immovable property or movable property or both; NOTE—The Interpretation Ordinance of Sarawak has been repealed by the Interpretation Ordinance, 2005 which comes into operation on 1 July 2005―see section 61…
In ascertaining the value of the property comprised in an estate, no deduction shall be made on account of the debts of the deceased but there shall not be included in the estate for those purposes any property which the deceased held or was entitled to as a trustee and not beneficially:
Provided that any land held in the name of the deceased by any form of registered title shall be deemed to be part of his estate whether subject to caveat or not unless the land is expressly registered in his name as representative or as trustee or as guardian.