When there is no executor appointed or available to administer an estate in Malaysia, the process of estate administration may differ. Here are the general steps that are typically followed:
1. Application for Letters of Administration
Instead of an executor, interested parties, usually the beneficiaries or heirs, can apply to the High Court with lawyer’s assistance for a grant of Letters of Administration. This is a legal document that authorizes the applicant to act as the administrator of the estate.
2. Selection of Administrator
The court will consider the applications and select an appropriate person to act as the administrator of the estate. Typically, the court will prioritize the surviving spouse, children, or other close relatives to be appointed as administrators.
3. Estate Administration
Once appointed, the administrator will have the responsibility to collect and manage the assets, pay off debts, and distribute the remaining assets to the rightful beneficiaries according to the Distribution Act 1958 if there is no valid will.
It is important to note that the process of estate administration without an executor can be more complex and time-consuming compared to when there is a named executor.