Simple Guide to Changing the Name on a Land and House Title After a Death

Contents

1. Transferring the Name on a Deceased Person’s Land Title: Overview

2. Transferring the Name on a Deceased Person’s Land Title: Laws and Acts

3. Transferring the Name on a Deceased Person’s Land Title: Relevant Documents

4. Transferring the Name on a Deceased Person’s Land Title: Estate Distribution

5. Transferring the Name on a Deceased Person’s Land Title: Common Confusions Regarding the Faraid Certificate

6. Transferring the Name on a Deceased Person’s Land Title: Distribution Letter and Power of Attorney

7. Transferring the Name on a Deceased Person’s Land Title: Step-by-Step Process

8. Transferring the Name on a Deceased Person’s Land Title: Costs and Fees

9. Transferring the Name on a Deceased Person’s Land Title: Important Advice and Tips

10. ASCOLAW: Property Law Firm

When the owner of a property, whether land or a home, passes away, it is essential to promptly transfer and change the ownership on the title or deed of the property after the death of the deceased. This ensures that the land or home is correctly reflected under the new ownership on the title, preventing future disputes regarding the property.

The transfer and change of the property title or deed after a person's death is crucial to avoid legal issues or delays in the ownership process. Failing to change the ownership on the land or home title after the deceased's death can cause complications in managing the property, potentially leading to disputes or conflicts over the deed and rightful ownership of the property. Let us help you avoid unnecessary conflict. Do contact us here.

Death is certain. All property and wealth, if any, will be inherited by the family. (AI generated image)

 The process of transferring and changing the name on the title of a land or home belonging to a deceased person is different from the transfer of property through a love deed that is done while the owner is still alive.

The transfer of a love deed refers to the giving of land or a home based on affection among family members, for example, from a father to a child, without any financial return.

This writing will guide you through the process of changing the name on the title or deed of the property after the death of the deceased, ensuring that it is done correctly and legally.

Continue reading to obtain accurate and clear information.

Among other things, this comprehensive guide aims to provide an overview of the process of transferring the name on the title of land and the home of a deceased person.

This will cover nearly all aspects, including the necessary documents, implementation steps, where and how to apply, processing time, costs and fees for the transfer of the land title, as well as useful advice and tips to follow.

By following this guide, heirs can better understand the process and manage the transfer of the title or deed for the land and home more efficiently and smoothly.

Transferring the Name on a Deceased Person’s Land Title: Overview

Changing the name on the title of land or a home is an official procedure that requires compliance with the regulations and procedures set by the state land authority. This ensures that all transfers of ownership are legally recognized and protected under the law. Adhering to these regulations helps prevent future disputes regarding property rights and ensures a smooth transition of ownership.

This process involves submitting complete documents, making the required payments, and then receiving approval from the relevant district land office. The necessary documents typically include identification, the original title deed, and any relevant death certificates or legal documents related to inheritance. Additionally, the payment of fees is crucial to facilitate the processing of the application and secure the transfer of the title.

Although the process may seem complicated at the outset, with careful and proper guidance and preparation, the transfer and change of ownership can be carried out smoothly. By following a comprehensive guide and being well-informed about the required steps, heirs can navigate the procedure more confidently. Proper preparation can minimize delays and ensure that all legal requirements are met, ultimately leading to successful ownership transfer.

Transferring the Name on a Deceased Person’s Land Title: Laws and Acts

Below is a list of key acts, laws, and regulations related to the process of transferring the name on the land and house title after the death of the owner.

National Land CodeThis is the primary act that regulates matters related to land in Malaysia. It outlines the rules and procedures for the transfer of land ownership, including after the death of the owner. Some key provisions include Section 89 (Registration as Conclusive Evidence of Ownership), Part 14 of Division IV (Transfer Transactions), and Part 18 of Division IV (Registration).

Small Estates (Distribution) Act 1955This act regulates the distribution of small estates (including land or houses). It applies to both Muslims and non-Muslims. The act covers the distribution of small estates with a value of RM2 million and below. The procedure involves the issuance of the Grant of Letters of Administration and the Distribution Order by the Department of the Director General of Lands and Mines (JKPTG).

The basis of distribution is:

1. For Muslims – Faraid Law

2. For Non-Muslims – Distribution Act 1958

Distribution Act 1958This act applies only to non-Muslims.

Probate and Administration Act 1959This act governs the granting of probate and letters of administration by the Court.

Estate Duty Enactment 1941As of November 1, 1991, this enactment has been repealed, but it still applies to cases where death occurred before November 1, 1991.

State Land RulesThese involve the procedures for registering Letters of Administration or Distribution Orders in inheritance matters. Each state has its own land regulations that set specific procedures to be followed.

Directives / Circulars from the Land AuthoritiesFrom time to time, directives and circulars are issued by the state/district land offices as guidelines for implementation. These specify the procedures and requirements for title transfers at the state/district level.

These acts, laws, and regulations must be followed because they govern various aspects such as the distribution of the estate, appointment of administrators, procedures for land transfer, and compliance with state/district-level requirements.

Understanding these legal provisions is crucial to ensure that the process of transferring the name on the land and house title is carried out correctly and legally.

Transferring the Name on a Deceased Person’s Land Title: Relevant Documents

Identifying the necessary documents for any property transaction becomes easier when using the services of a professional lawyer.

To apply for the transfer of a land or house title after the owner has passed away, several important documents need to be prepared.

These documents are required to prove ownership, inheritance status, and other relevant information. The main documents needed are:

1. Death Certificate / Extract or Search of Death Certificate from the National Registration Department (JPN) or Presumption of Death Order or Death Confirmation Order from the High Court (for cases where there is no death certificate or no death record from JPN).

2. Heirs’ Identification Documents

   • Identification Card

   • Birth Certificate

   • Death Certificate if the heir has passed away

   • Family Relationship Documents:

     • Marriage Certificate

     • Birth Certificate

     • Divorce Certificate

     • Adoption Certificate (for non-Muslims)

3. Property Ownership DocumentsImmovable Property:

   • Title deed, sale and purchase agreement, latest land tax receipt, latest assessment tax receipt.

4. Movable Property:

   • Vehicle grant, share certificate, savings account statement, insurance certificate.

Unlike the transfer of property through a love deed, it is crucial to ensure that all the above documents are complete, accurate, and perfect before submitting an application to transfer the title of a deceased person.

Incomplete or inaccurate documents can cause delays in the approval process for transferring the land or house title.

Therefore, it is highly recommended that applicants seek advice from the land authorities or an experienced legal practitioner to ensure that all document requirements are met.

You can contact us here for legal advice and assistance to facilitate and smooth the process of transferring the land or house title.

Transferring the Name on a Deceased Person’s Land Title: Estate Distribution

Before we proceed, it’s good to understand once again about Small Estate: Distribution Order.

For the Court:

• Death without a will – Distribution Order

• Death with a will – Probate Order

It is important to note that there is no difference in the order for Muslims and non-Muslims. The outcome of the distribution remains the same. However, during the distribution process, the Estate Office or Court will use the following basis:

• Muslims: Faraid Law

• Non-Muslims: Distribution Act 1958

Regarding the necessary documents, the Estate Distribution Letter (Heirs) is a crucial document required when applying for the transfer of land and house titles after the death of the owner.

This document states and determines the distribution of the estate to the rightful heirs according to the law or will.

The letter establishes the new ownership of the property after the death of the original owner. It will list the names of heirs entitled to inherit the estate, including property in the form of land or a house, based on applicable inheritance rules recognized by law.

To transfer the name on the title deed, it is necessary to obtain a Distribution Order according to the law under the Small Estates (Distribution) Act 1955 or the Probate and Administration Act 1959; it cannot be done solely through the Faraid Certificate issued by the Syariah Court.

The assumption that heirs only need to obtain a Faraid Certificate for the name transfer process on the title deed is completely incorrect.

The Faraid Certificate from the Syariah Court is only intended to confirm the list and share of each Faraid heir.

Heirs still need to obtain a Distribution Order from the Small Estate Office or High Court for the name transfer process at the land office.

For the non-Muslim community, a similar document is known as the Estate Distribution Letter or Distribution Order, obtained either through a court order or from the will left by the deceased.

This letter is very important because it serves as official proof to the land authorities that the heirs listed in the document have the right to inherit the property from the deceased.

Without this document, the land authorities cannot process the application for the transfer of the title to the rightful heirs.

Therefore, when submitting an application for a name transfer on the title deed, heirs must include a valid and complete Estate Distribution Letter (Heirs) as one of the required supporting documents.

Transferring the Name on a Deceased Person’s Land Title: Common Confusions Regarding the Faraid Certificate

1. Only the Faraid Certificate is necessary for the transfer of ownership on the property title deed

The belief that heirs only need the Faraid Certificate to complete the transfer or change of ownership on the property title deed after the deceased owner’s death is entirely incorrect.

The Faraid Certificate issued by the Syariah Court is solely for confirming the list of heirs and their respective shares under Islamic inheritance law. However, for an official change of ownership on the title deed of the land or home, it is mandatory to obtain a Distribution Order (DO) under the Small Estates (Distribution) Act 1955 or the Probate and Administration Act 1959.

This legal process of changing the deed of the property cannot be completed solely based on the Faraid Certificate from the Syariah Court.

From a legal standpoint, heirs must still obtain the Distribution Order (DO) from either the Small Estates Office (SEO) or the High Court (HC) to officially process the transfer of ownership at the land office, where the title deed will be updated to reflect the new ownership after the death of the original owner.

2. Obtaining the Faraid Certificate before the SEO or HC is unnecessary for property title transfer

The Small Estates Office (SEO) acts as a 'one-stop-center' for managing the distribution and transfer of property ownership at a lower cost, helping heirs process the title deed change of land and home more efficiently.

In such cases, the Small Estate Officer from the Department of the Director General of Lands and Mines (JKPTG) is fully qualified to calculate and determine the Faraid shares for each heir according to Islamic law without requiring a separate Faraid Certificate.

This means heirs do not need to first obtain a Faraid Certificate from the Syariah Court before proceeding with the transfer or change of ownership of the property. This simplifies the process and reduces costs for the family of the deceased.

However, the Faraid Certificate is necessary in certain specific cases:

1. When there are many layers of heirs involved in the inheritance;

2. If there are disputes over the Faraid calculations that cannot be settled at the SEO level;

3. When there are disputes related to wills or gifts (hibah) left by the deceased;

4. A formal Vesting Order or Distribution Order from the High Court is required for the ownership transfer of the property.

Transferring the Name on a Deceased Person’s Land Title: Distribution Letter and Power of Attorney

The Distribution of Estate (Heirs) Letter and the Letter of Administration serve distinct purposes in the process of transferring ownership of property, land, or a home after the death of the original owner.

Here are the key differences between the two documents:

Distribution of Estate (Heirs) LetterThis document outlines the division of the deceased’s estate, including property, land, or homes, to the rightful heirs according to legal inheritance laws or the deceased’s will. It establishes the new ownership of any property or land left behind by the deceased.

For Muslims, this letter is usually issued by the Syariah Court, commonly referred to as a Faraid Certificate, whereas for non-Muslims, it is based on a court order or will.

Letter of AdministrationThis document appoints an administrator who is given the legal authority to manage and oversee the deceased’s estate. It allows the administrator to handle matters such as the transfer of property deeds, change of ownership titles, sale of assets, or settling any outstanding debts tied to the land or home.

The Letter of Administration is issued by the court under the Small Estates (Distribution) Act 1955.

To clarify, the Distribution of Estate (Heirs) Letter establishes the rightful new owners of the deceased's property and the proportion of ownership each heir is entitled to, while the Letter of Administration empowers an appointed administrator to manage and transfer ownership of the property before it is distributed among the heirs.

When transferring the title or deed of a property or home after a death, the Distribution of Estate (Heirs) Letter is needed to confirm the rightful heirs and the division of the estate. On the other hand, the Letter of Administration may be required if an appointed administrator is managing the property or land before it can be fully transferred to the heirs.

Let’s explore further.

There are three types of court orders issued by the Small Estate Office (PPK) and the High Court (MT) for property transfer after death:

1. If the deceased left a will – the court will issue a Grant of Probate, which allows the executor to transfer the title of the property or land to the beneficiaries named in the will.

2. If the deceased did not leave a will – either a Letter of Administration (SKM) or a Distribution Order (PP) will be issued.

Difference between SKM and PPThe Letter of Administration (SKM) appoints an Estate Administrator who is responsible for managing the deceased’s estate. This includes applying for the transfer of ownership titles and the distribution of property or land to the heirs. All official property transfer and deed change processes are managed by this appointed administrator.

The Distribution Order (PP), on the other hand, directly confirms the division of the deceased’s estate, including any land, homes, or other property, to the heirs.

The Small Estate Office (PPK) issues SKM (Form F) or PP (Form E) under the Small Estates (Distribution) Act 1955 for estates valued below RM2 million. The recent amendment to raise the limit to RM5 million is not yet in effect.

For estates exceeding RM2 million, the High Court (MT) will issue either a SKM or PP under the Probate and Administration Act 1959.

In both cases, the documents are essential to change or transfer the title of the deceased's property to the rightful heirs and ensure that the ownership is legally recognized.

Transferring the Name on a Deceased Person’s Land Title: Step-by-Step Process

After preparing all the required documents, the next step is to begin the formal process to transfer or change the name on the title deed of a land or home.

Here are the key steps to follow:

1. Obtain the Letter of Administration or Distribution Order first from the Small Estate Distribution Office (PPK) or the High Court (MT).

2. Register the Letter of Administration (SKM) or Distribution Order (PP) at the Land Office.For orders issued by PPK, you can bring the original SKM / PP order, the original grant, copies of the Administrator's / Heirs' identification card, and the latest land tax receipt.For orders issued by MT, registering the SKM / PP requires appointing a lawyer to manage the process.

3. Registration FeeFor orders from PPK, most states offer exemptions, but some states require a minimal registration fee between RM30 and RM50.For orders from MT, the registration fees vary depending on the state.

4. Issuance of a New Title Deed in the Name of the Administrator / Heirs.If the title is transferred to the Administrator, they must handle certain pending matters related to the land or property before applying for an order to transfer ownership or distribute the property to the heirs. This includes processes like the Payment of Transfer (POT), mortgage release, and other relevant tasks.In some cases, the heirs may need to provide additional information or documents if requested by the land authorities.It is essential to maintain good communication and comply with all requirements to ensure the transfer of ownership and change of title on the deed proceeds smoothly.

5. Engaging the services of a real estate lawyer can significantly help facilitate the transfer of title as they are familiar with the process and have experience dealing with the relevant authorities.

For experienced legal services in transferring and changing the title deed for land or a home, you can contact ASCOLAW here.

Once the application is approved, the Land Office will issue a new title deed or grant in the name of the rightful heirs.

All the above steps, if successfully completed, will legally confirm the transfer and change of ownership on the title deed of the land or property, following the death of the original owner

Transferring the Name on a Deceased Person’s Land Title: Costs and Fees

As with transfer of ownership on a property deed, the process of changing the name on a land or home title after the deceased owner’s passing involves certain costs and fees.

Heirs or the future named beneficiaries of the title must be aware of all relevant costs and fees involved in this ownership transfer process.

Here are some of the key costs and fees involved:

1. Lawyer’s Fees – If you hire a lawyer, professional fees for registering an order from the Small Estate Office (PPK) or the High Court (MT) typically range around RM500 per property. This excludes travel, postage, telephone, and other miscellaneous expenses, as well as registration fees at the land office.

2. Land Office Registration Fees – This fee depends on the type of order, whether from the Small Estate Office or High Court.

3. Outstanding Land Tax – Any overdue land tax must be cleared before the property title transfer can proceed.

4. Outstanding Assessment Tax – Any pending taxes must be settled before the title transfer can take place.

5. Other Administrative Costs – These include the process of Perfecting the Transfer (POT) (for properties with separate or strata titles that have been issued but are still under the deceased’s name) or the process of Discharging a Mortgage (for cases where the home loan has been paid off, but the mortgage discharge is incomplete).

The costs and fees for transferring ownership of a property title can vary depending on the value of the land or home, its location, and specific case requirements.

It is essential for heirs to get an estimate of these costs from land authorities or professional legal practitioners before starting the transfer of ownership for land or home deeds.

For experienced property legal services in handling title changes for land or homes after death, you can contact ASCOLAW.

Failure to pay the required costs could lead to delays or complications in the ownership transfer process.

Transferring the Name on a Deceased Person’s Land Title: Important Advice and Tips

Patience is Key: The approval process for the transfer or change of a property title after the deceased owner’s passing is not always quick or straightforward. Patience is essential throughout this process.

Even though the steps to transfer ownership of a land or home deed might seem simple, it can become challenging and time-consuming if important steps are missed or not followed properly.

To avoid complications, heirs should ensure that all necessary actions are taken promptly and correctly.

Here are key steps to ensure a smoother title change process:

1. Prepare Documents Carefully: Ensure all required documents for the transfer of ownership are complete and accurate. Double-check everything before submitting the application. Mistakes or incorrect information can delay the approval process for the property title.

2. Seek Professional Assistance: While the title transfer may seem straightforward, it’s recommended to hire a professional, such as a lawyer, especially in cases involving complex inheritance issues. A professional can ensure the deed transfer process is done properly, avoiding future legal problems. You can reach out to experienced property lawyers like ASCOLAW for assistance with property ownership transfers.

3. Submit the Application Promptly: Whether you're doing it yourself or through a lawyer, don’t delay in submitting the property title transfer application after the deceased owner’s death. Delaying this could lead to complications and further issues.

4. Cover Costs and Fees: The costs for distributing the inheritance and transferring ownership of the land or home should be covered by the estate left behind by the deceased. Before dividing the inheritance, set aside a portion to cover these deed transfer costs to avoid paying out of pocket.

5. Follow Procedures and Guidelines: Land authorities have specific procedures that need to be followed for the ownership transfer. Make sure you understand and follow all the necessary steps to avoid delays or issues with the property title change.

6. Keep Records and Documents: Store all documents related to the property deed transfer safely and in an organized manner. This will make future references easier if needed.

7. Take a Proactive Approach: After submitting your application for the title transfer, don't just wait. Follow up with the land office periodically to get updates and help resolve any issues that might arise.

8. Be Patient and Prepare for Delays: While patience can be challenging, it's essential to be mentally prepared for possible delays in the approval of the land or home title transfer. Delays are common, and it's important to stay calm during the process.

By following these steps, heirs can reduce the risk of complications or delays in the ownership transfer process of a land or home title after the original owner’s death. A well-organized approach will ensure the process goes smoothly.

If you're considering hiring a lawyer for the title transfer process, the information below will help you find a professional and experienced property lawyer in the country.

ASCOLAW: Property Law Firm

Among the available options for hiring a lawyer to manage inheritance matters, including the transfer of land and home titles for a deceased individual, is the law firm ASCOLAW.

You can contact this firm, which has extensive experience in handling property inheritance matters, here.

At ASCOLAW, as an heir or estate owner, you have the opportunity to receive a free consultation with experienced lawyers.

This free consultation is typically a brief session focused on gathering and understanding case details, as well as providing an estimate of the costs involved.

For more information about the consultation process and hiring a lawyer, you can read more here.

To learn more about property title transfer procedures, you can read further here.

In essence, by taking all necessary steps and following the written guidelines or advice provided by a team of lawyers, you can reduce the risk of issues and ensure that the process of changing the name on the land or home deed after death proceeds smoothly, quickly, efficiently, and legally.