Estate Above RM2 Million: What Does the RM5 Million Small Estate/MyLAND Limit Mean?

An estate worth more than RM2 million does not automatically have to go to the High Court. Under the current rules, the small estate route (handled by JKPTG and applied for online through MyLAND) covers qualifying estates with a total value of up to RM5 million on the date of application. The RM2 million figure still matters, but for a different reason: it is where JKPTG's order fee for a small estate rises from 0.2% to 0.3% of the estate's value.

Many families still hear that "anything above RM2 million goes to the High Court". That was the old small estate limit. Mixing up the two figures can send a family to the wrong forum, or lead them to budget for the wrong costs.

RM2 million vs RM5 million: what each figure means today

In short: RM2 million is a fee band. RM5 million is the small estate ceiling.

What counts as a small estate?

According to JKPTG's current small estate FAQ, a small estate is an estate that:

• consists of movable property only, immovable property only, or both (immovable property means land and houses; movable property includes savings, shares and vehicles);

• has a total value of not more than RM5 million on the date the application is made; and

• for a non-Muslim deceased, was left without a will.

Applications are made online through the MyLAND portal after registering an account. Heirs, creditors, purchasers, Amanah Raya Berhad and the State Islamic Religious Councils are among those who can apply.

Can you deduct the housing loan to bring the value down?

Do not assume so. Section 3(4) of Act 98 provides that, in working out the value of the estate for this purpose, no deduction is made for the deceased's debts. A family that calculates a "net value after the loan" and concludes the estate is below or above a threshold may be working from the wrong number. The value of every asset, and the position of any financing, should be checked against the documents.

Why RM2 million still matters: the order fee

JKPTG's fee FAQ (updated 20 August 2026) states the small estate order fee in simple terms:

• total value below RM2 million: 0.2% of the value;

• total value from RM2,000,001 to RM5 million: 0.3% of the value.

JKPTG notes that these fees are subject to rule 18 of the Small Estates (Distribution) Rules 1955. Based on those summary rates, the order fee works out roughly as follows:

Notice the step at the boundary itself: at exactly RM2 million the fee is about RM4,000, but once the value passes RM2 million the 0.3% rate applies to the whole value, so the fee is about RM6,000.

These figures are illustrations based on JKPTG's summary rates. They are not a quotation for the whole estate administration. Professional fees, searches, valuations, registration and follow-up work may be separate, depending on the estate.

Can we go to the High Court instead if the estate is between RM2 million and RM5 million?

For an estate without a will that falls within the small estate definition, the forum is not simply a matter of preference, cost or which route the family thinks will be quicker.

Section 7 of Act 98 deals with the situation where a petition for letters of administration of an intestate small estate is filed in the High Court. Where the Registrar is satisfied that the estate is a small estate, the petition is to be transferred to the officer who has jurisdiction to deal with the distribution of small estates.

So families should not work on the assumption that "above RM2 million means we can choose a High Court Letter of Administration". The better starting point is to check whether Act 98 applies to the estate at all.

When is the High Court the main route?

Malaysia's official government portal (updated March 2026) describes a large estate as including, among others:

• an estate worth more than RM5 million; or

• for non-Muslims, an estate where the deceased left a will under the Wills Act 1959.

Large estates fall under the jurisdiction of the civil High Court. For a large estate without a will, the application described is for Letters of Administration. Where there is a will to be proved, the route is usually a Grant of Probate, depending on the will and the executor.

Even above RM5 million, value alone does not answer every question. The existence of a will, who is entitled to apply, the types of assets and any family disputes still need to be checked before anything is filed. For the full High Court process, see Letter of Administration in Malaysia.

What if the estate is worth RM3 million or RM4 million?

Do not begin with "High Court or MyLAND, which do we prefer?" Begin with these questions:

1. Did the deceased leave a will?

2. Does the estate meet the current small estate definition?

3. What is the total value of all the assets on the date of application?

4. Is the estate made up of movable property, immovable property or both?

5. Has there been an earlier estate application, order or dispute that changes what needs to be done?

6. Is the property in Peninsular Malaysia, or in Sabah or Sarawak?

For an estate without a will that falls within the small estate category, the JKPTG/MyLAND process is the route to assess under Act 98 and the actual facts.

Do not decide the route on cost alone

Cost is only one factor. The applicable route depends on:

• whether there is a will;

• the total value of the estate;

• the types and locations of the assets;

• who should act as the estate's representative;

• whether there is a dispute among the heirs;

• whether land or a house needs to be sold or transferred;

• any existing financing or ownership issues; and

• further orders or permissions that may be needed after someone is appointed to administer the estate.

If the family wants to sell the inherited house

Being appointed to administer an estate does not mean the house can be sold freely. For an administrator appointed under the Probate and Administration Act 1959, section 60(4) provides that the administrator may not, without the previous permission of the Court, transfer immovable property vested in them by sale, gift, exchange or otherwise.

A sale therefore raises two separate questions:

1. who has authority to administer the estate; and

2. what permission, order and property steps are needed for the sale itself.

Selling an inherited house before the estate is settled is a separate topic and is not covered in full here.

What to prepare before asking for a route assessment

Gather as much of the following as you can:

• the death certificate;

• details of all the heirs;

• the will, if there is one;

• a list of the assets and their estimated values;

• land titles or property details;

• bank statements, share statements or other proof of assets;

• details of any loans, financing or charges; and

• records of any earlier estate applications or orders.

With this information, the applicable route can be assessed properly before the family spends time and money starting in the wrong forum.

How ASCOLAW can help

ASCOLAW can review the structure of the estate and identify the legal work that is needed, including where the facts show that a High Court Letter of Administration is the applicable route. Where the estate falls within the small estate regime, our assessment takes Act 98 and the JKPTG/MyLAND process into account, rather than steering every estate to the High Court.

Fill in the ASCOLAW enquiry form below with the estimated value of the estate, whether there is a will, the main types of assets and where any property is located, and our team will contact you about the applicable route and next steps.

Frequently asked questions

Is RM2 million still the small estate limit?

No. The current small estate limit is RM5 million on the date of application, subject to the conditions of Act 98. RM2 million is now the point at which JKPTG's order fee rate changes.

If the estate is worth RM2.1 million, must we go to the High Court?

Not simply because it is above RM2 million. If the estate meets the small estate definition and the other conditions, Act 98 needs to be applied to decide the forum. The main practical difference at RM2.1 million is the higher order fee rate of 0.3%.

Can heirs choose the High Court even though the estate is within the small estate limit?

Not automatically. Under section 7 of Act 98, a High Court petition for letters of administration of an intestate estate that turns out to be a small estate is to be transferred to the officer with jurisdiction over small estate distribution.

Can we deduct the balance of the housing loan to bring the estate below RM5 million?

Do not assume so. Section 3(4) of Act 98 provides that no deduction is made for the deceased's debts when working out the value of the estate for this purpose.

What happens if the estate is worth more than RM5 million?

It is treated as a large estate. For an estate without a will, the route described by the government portal is an application for Letters of Administration in the High Court, subject to the actual facts.

This article is general information only and is not legal advice for any particular estate. The value limits, forum, documents and an administrator's powers depend on the current law and the facts. The small estate and MyLAND process described here is the one administered by JKPTG for Peninsular Malaysia; Sabah and Sarawak have different land and estate frameworks.

Related guides

• Letter of Administration in Malaysia

• Grant of Probate vs Letter of Administration in Malaysia: Which One Applies?

• MyLand Malaysia System: Digital Innovation in Land and Estate Management

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