“Three Branches” of Estate Work in Sabah — Why Your Lawyer Must Explain Them Clearly

When someone passes away, the legal pathway for dealing with their estate in Sabah generally branches into three distinct routes:

1. Grant of Probate (GP) — where there is a valid will and an executor is named.

2. Letters of Administration (LA) — where there is no will (intestacy).

3. Letters of Administration with Will (LA with will annexed) — where a will exists but the named executor cannot/will not act (e.g., has died, renounced, or lacks capacity).

These look similar on the surface, but they have different downstream steps and costs—especially when land is involved. Advising clients without drawing these distinctions can lead to delays, extra expenses, or even wrong filings.

The Distribution Order (DO): The Crucial Difference for Land

• If you have a Grant of Probate: for dealings at the Jabatan Tanah & Ukur (JTU) (Sabah Lands & Surveys), you generally do not need a Distribution Order. The executor’s authority flows directly from the will and the court’s probate grant. JTU is the state department that registers land dealings and transmissions.

• If you have LA or LA with will annexed: where there is no appointed executor (or the executor cannot act), a Distribution Order (DO) is typically required before immovable property can be transmitted. Practically, the DO is an additional application after the LA—one more step, more documents, more time, and more professional work.

Why? Because intestacy and certain LA-with-will situations trigger statutory distribution (or court-confirmed shares) before land can move. For non-Muslim estates domiciled in Sabah, distribution is governed by the Intestate Succession Ordinance 1960.

TLDR:
Probate → usually no DO for JTU
LA / LA with will → DO usually required for JTU

Why Costs Can Be Higher for LA / LA with Will

Apart from extra court steps and document preparation, lawyers in Sabah must charge according to the Advocates’ Remuneration Rules (and their amendments). The Rules set scales for non-contentious probate work and clarify that professional fees are separate from registration fees, stamp duty, counsel’s fees, auctioneer’s fees, etc.

When a DO is required, you’re adding another legal task on top of the LA—hence higher overall cost than a straightforward probate where the will’s executor can transmit directly.

A Simple Example: One Sabah Property Worth RM200,000

Scenario A — Grant of Probate (no DO)

• Deceased left a valid will naming A as executor.

• Estate includes a single landed property in Sabah valued at RM200,000.

• Work stream (simplified):

  1. Apply for Probate (non-contentious).

  2. Lodge the transmission/assent to beneficiary via JTU (no DO step).

• Fees & outlays:

  • Lawyer’s fees for non-contentious probate work per Advocates’ Remuneration Rules for Sabah, plus disbursements (court filing, JTU registration charges, searches, certified copies, etc.). The Rules make clear scale fees exclude registration/stamp fees and other third-party costs.

  • Legal fees at least RM6750

Scenario B — Letters of Administration (no will)

• No will; B (next-of-kin) applies for LA.

• Same property: RM200,000.

• Work stream (simplified):

  1. Apply for LA (non-contentious).

  2. Apply for Distribution Order (DO) confirming how the estate is to be shared under the Intestate Succession Ordinance 1960 (for non-Muslim Sabah domicile).

  3. Transmit at JTU using the LA and the DO.

• Fees & outlays:

  • Lawyer’s fees for LA plus additional fees for the DO application (both non-contentious), per the Advocates’ Remuneration Rules and schedules, plus all disbursements (court/JTU fees, searches, CTCs, etc.). Because you’re adding the DO stage, total professional fees and outlays will usually be higher than Scenario A.

  • Legal fees at least RM6750 (LA) + RM6050 (DO) = RM12,800

Scenario C — LA with Will (executor cannot act)

• Will exists but executor has renounced/passed away/cannot act; C applies for LA with will annexed.

• Same property: RM200,000.

• Work stream (simplified):

  1. Apply for LA with will annexed (non-contentious).

  2. In practice, a DO is often still required to regularise distribution for land transmission via JTU.

  3. Transmit at JTU with the grant and DO.

• Fees & outlays:

  • Similar to Scenario B: LA-type work plus DO work under the Sabah Advocates’ Remuneration Rules, and all disbursements.

  • Legal fees at least RM6750 (LA) + RM5500 (DO) = RM12,250

Note on numbers: The actual ringgit figures for professional fees follow the relevant Schedules of the Advocates’ Remuneration Rules (Sabah), including any Special Provisions/Amendments, and are exclusive of stamp duty, land office charges, searches, CTCs, and other out-of-pocket expenses. Always price with the current Rules in hand. Generally these costs are estimated as stated below.

Estimated Cost (RM)

Court filing & sealing 500–800 - Based on exhibits & copies

Certified copies 100–200 - Death cert, will, etc.

JTU registration & searches - 250–500

Transmission, title copy Stamp duty & adjudication 100–200 - Depending on documents/instruments

Distribution Order filing 300–600 - Applies to LA & LA-with-Will

Practical Checklist for Lawyers (and Clients)

• Identify the correct branch early: GP vs LA vs LA with will annexed. Use the right petition and supporting documents.

• Flag the DO issue at the start: If it’s LA/LA with will + immovable property, build in time and cost for a Distribution Order before JTU dealings. (IMPORTANT: Don't forget to advise your client on the newspaper notice - 3 months - before DO can be applied. File or publish this notice ASAP, if possible next day of GP/LA/LA+will issued/ordered by Court.)

• Map the JTU path: Transmission/assent requirements and document formats can be technical—plan your land office filings with your court steps.

• Quote in compliance with the Rules: Use the Sabah Advocates’ Remuneration Rules (and amendments). Clarify to clients what the scale covers and what disbursements are separate.

• Cross-check the distribution law: For Sabah-domiciled non-Muslims, the Intestate Succession Ordinance 1960 governs intestacy distribution—not Peninsular Malaysia’s Distribution Act (yet).

Common Pitfalls We See

• Advising “no DO needed” for an LA file with land — only to discover JTU requires a DO, causing a second round of filings, fees, and delay.

• Assuming West Malaysia rules apply in Sabah — intestacy law and some procedures differ. Always check Sabah-specific statutes and practice directions.

• Quoting a single, blended fee without explaining the added DO stage—this creates fee disputes later. The Remuneration Rules expect clarity on what is covered and what isn’t.

Bottom Line

The branch you are on (GP vs LA vs LA with will annexed) determines whether a Distribution Order is needed for JTU land transmission—and that changes both process and price. Proper early advice saves time, costs, and heartache.

This article provides general information only and is not legal advice. Facts and fees depend on the exact documents, assets, and current Rules/practice. Please consult a lawyer for tailored guidance.