How to Transfer Land in Sarawak after a Joint Owner Passes Away
Steps to Transfer Deceased’s Land to Next of Kin or Beneficiary
Step 1: Obtain a Death Certificate
The first thing you’ll need is the deceased’s death certificate. You can get this from the National Registration Department (JPN). This document is essential to start the legal process.
Step 2: Apply for a Grant of Probate or Letter of Administration
- If the deceased left a last will, the next step is to get a lawyer to apply for a Grant of Probate. This document gives you the authority to manage his estate, including the land.
- If the deceased does not left a last will, you’ll need to get a lawyer apply for Letter of Administration, which allows you to manage and distribute the deceased’s estate according to the Distribution Act 1958.
Step 3: Registration of the relevant instruments
Next step will be to proceed with the Application for Transmission and Memorandum of Transfer of the property (for property with individual title), or Deed of Assignment by way of Transfer (for property without individual title). This process changes the ownership of the land from joint names to the next of kin or beneficiary.
FAQs: Common Questions Clients Ask
Q: Do I need to go to Court to Apply for a Grant of Probate or Letter of Administration
A: In Sarawak, no need. You can get a lawyer to apply the same with Amanah Raya Berhad or Pejabat Daerah (consult your lawyer based on different case scenario)
Q: What happens if my children are under 18?
A: If your children are minors, you’ll still be able to transfer the land to them, but a Registrar Caveat will be lodged on the said land and to be removed after they reach 18 years of age.
Q: Do I need to inform other authorities about the transfer?
A: Yes, it’s important to notify the relevant authorities, such as the Bandaraya, Inland Revenue Board, after the transfer, especially if there are tax implications or if the estate includes other assets.
Q: Is it necessary to get the land valued before the transfer?
A: In some cases, yes. You may need to get the land valued for tax purposes or to divide the estate fairly among heirs. The professional valuer can assist with this