Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part II · Administration of Small Estates
Section 8
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If a person dies without a will leaving a small estate, a beneficiary, creditor, purchaser or certain others may petition for its distribution. The property is valued, and an estate distribution officer decides whether it is a small estate. If not, the petition goes to the high court. The officer strikes it out if an earlier petition exists.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Where any person has died intestate leaving a small estate, any person claiming to be interested in the estate as a beneficiary, or a creditor, or a purchaser, or in the circumstances mentioned in subsection 18(1), the Corporation, or Majlis, or guardian, or next friend, may lodge with the Estate Distribution Officer at any state wherever the property comprised in the estate is situated a petition, in the prescribed form, for the distribution of the estate.
The petitioner shall deliver to the Estate Distribution Officer all issue documents of title or other documents evidencing title to property relating to the estate in his possession or power or other supporting documents evidencing the statements claimed in the petition.
Estate Distribution Officer
“Estate Distribution Officer” means an officer appointed under section 2C;
The Estate Distribution Officer shall thereupon give notice to the principal registry of the High Court of the lodging with him of the petition and shall ascertain from the registry whether any petition relating to the estate has, before that petition having been lodged, been filed in the High Court or lodged with any other Estate Distribution
High Court
“High Court” means the High Court in Malaya or the High Court in Sabah and Sarawak, as the case may require;
Officer.
If no such petition has been so filed or lodged, the Estate
Distribution Officer shall investigate the facts and matters alleged in the
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petition and determine whether the estate is or is not a small estate and whether he has jurisdiction under section 4.
For the purpose of determining whether any estate is or is not a small estate, the Estate Distribution Officer or a valuation officer shall value the property comprised therein wherever situate, if any.
valuation officer
“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. PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER Appointment and powers of President of Estate Distribution
The valuation of the property comprised in an estate by the
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…
Estate Distribution Officer or a valuation officer under this section shall be conclusive for the purpose of this Act.
Notwithstanding subsection (6), where the valuation of the property for petition for distribution is more than one, the Estate
petition for distribution
“petition for distribution” means a petition for the distribution of a small estate lodged under section 8;
Distribution Officer shall examine each valuation and decide which valuation to be applied in determining whether any estate is or is not a small estate and his decision shall be final and the valuation shall be conclusive for the purposes of this Act.
If the Estate Distribution Officer decides that the estate is not a small estate, he shall transfer the petition, with or without amendment, to the High Court and the petition shall, unless the Court otherwise directs, be treated therein as if it were a petition for letters of administration upon an intestacy;
Provided that this subsection shall not apply in any case where a petition in respect of the estate has been transferred to the Estate
Distribution Officer under subsection 7(1).
If the Estate Distribution Officer decides that the estate is a small estate, he shall deal with the petition in accordance with subsection 4(2)
but if it appears to him that it would be more expedient for the petition to be heard by another Estate Distribution Officer, he may apply to the
President, for an order to be made under subsection 4(2).
President
“President” means the President of Estate Distribution appointed under subsection 2A(1);
If upon ascertaining from the principal registry of the High
Court, the Estate Distribution Officer has notice that any other petition for distribution had been previously lodged in respect of the estate with any other Estate Distribution Officer or that any application has been made to the President under subsection 4(2) or that any petition for probate or letters of administration with a will or a copy of a will
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annexed has been filed in the High Court in respect of the estate, he shall strike out the petition before him and inform the petitioner accordingly.
The Minister may, with the approval of the State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.
Majlis
“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;