Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part II · Administration of Small Estates
7. Power of the Registrar to transfer petitions relating to an intestate small estate to the Estate Distribution Officer
Feedback & supportIf the Registrar is satisfied that any intestate estate in respect of which a petition for letters of administration has been filed in the
Registrar
“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;
High Court is a small estate, he shall transfer such petition to the Estate
High Court
“High Court” means the High Court in Malaya or the High Court in Sabah and Sarawak, as the case may require;
Distribution Officer having jurisdiction to order distribution of that estate under section 4 and the Estate Distribution Officer may at his discretion either treat the petition as if it were a petition for distribution of the estate under section 8 or if the case so requires direct that a fresh petition under that section shall be lodged.
Estate Distribution Officer
“Estate Distribution Officer” means an officer appointed under section 2C;
If at any stage of any proceedings in the High Court relating to the estate of a deceased person it appears—
Small Estates (Distribution) 15
that the deceased was a member of a tribe within the meaning of Part III or that any part of the estate was property affected by a tribal custom within the scope of Part III; or
that the deceased at the time of his death was a native of
Sabah, the proceedings shall be stayed and the matter shall be referred to the
President and the proceedings shall not be continued in the High Court unless and until the President has certified in writing under his hand that the estate is not, or is not deemed to be, a small estate under this
Act.
Petition for distribution