One of the most common questions families ask when dealing with the estate of a loved one is: how much is this going to cost? It is a completely reasonable question, and the good news is that legal fees for estate matters in Sabah are not a mystery — they are set by law under the Advocates’ Remuneration Rules 1988, which prescribes fixed scale fees based on the gross value of the estate.
This article breaks down what those fees cover and what you can expect to pay.
There Are Two Stages of Legal Work — and Two Sets of Fees
When a lawyer helps you deal with a deceased person’s estate, the work generally falls into two distinct stages, and the fees reflect this.
The first stage is obtaining the court order. This is where the lawyer prepares and files the application to the High Court — whether that is a Grant of Probate (if there was a will) or Letters of Administration (if there was no will). This gets you the legal authority to deal with the estate.
The second stage is the distribution — the actual work of collecting the assets, settling debts, and distributing everything to the beneficiaries. Whether the estate is distributed according to a will (testate) or according to the rules of intestacy where there is no will (intestate) affects the fee for this stage.
In most cases, you will need to pay for both stages. Think of it as: first, getting the key to the estate — and then, actually dividing it up.
The Fee Scale
The fees are based on the gross value of the estate — meaning the total value of everything the deceased owned, before debts are deducted. The larger the estate, the higher the fee, though the percentage actually decreases as the estate grows larger.
Here is a summary of the scale fees under the Ninth Schedule of the Advocates’ Remuneration Rules 1988:
NINTH SCHEDULE — ESTATE MATTERS (DECEASED) (Advocates’ Remuneration Rules 1988, Sabah)
| Gross Value of Estate | Stage 1: Obtaining LA or Probate | Stage 2: Distribution (No Will) | Stage 2: Distribution (With Will) |
|---|---|---|---|
| Up to RM10,000 | RM750 | RM440 | RM400 |
| Up to RM25,000 | RM1,500 | RM550 | RM500 |
| Up to RM30,000 | RM1,800 | RM660 | RM600 |
| Up to RM40,000 | RM2,400 | RM880 | RM800 |
| Up to RM50,000 | RM3,000 | RM1,100 | RM1,000 |
| Up to RM60,000 | RM3,600 | RM1,650 | RM1,500 |
| Up to RM70,000 | RM4,000 | RM2,200 | RM2,000 |
| Up to RM80,000 | RM4,500 | RM2,750 | RM2,500 |
| Up to RM90,000 | RM4,750 | RM3,300 | RM3,000 |
| Up to RM100,000 | RM5,000 | RM3,850 | RM3,500 |
| Up to RM125,000 | RM5,500 | RM4,400 | RM4,000 |
| Up to RM150,000 | RM6,000 | RM4,950 | RM4,500 |
| Up to RM175,000 | RM6,500 | RM5,500 | RM5,000 |
| Up to RM200,000 | RM6,750 | RM6,050 | RM5,500 |
| Up to RM225,000 | RM7,000 | RM6,600 | RM6,000 |
| Up to RM250,000 | RM7,250 | RM7,150 | RM6,500 |
| RM250,001 – RM500,000 | 3% of estate value | RM7,700 | RM7,000 |
| RM500,001 – RM750,000 | 2.5% of estate value | RM8,800 | RM8,000 |
| RM750,001 – RM1,000,000 | 2.25% of estate value | RM9,900 | RM9,000 |
| Above RM1,000,000 | Discretionary (min RM20,000) | Discretionary (min RM11,000) | Discretionary (min RM10,000) |
Source: Ninth Schedule, Advocates’ Remuneration Rules 1988 (Sabah)
A Simple Example
Say your father passes away without a will, and his estate — comprising a house, a car, and some savings — is valued at RM200,000 in total.
The legal fees would be approximately:
- Obtaining Letters of Administration: RM6,750
- Distributing the intestate estate: RM6,050
- Estimated total: RM12,800
If he had left a valid will instead, the distribution fee would be slightly lower at RM5,500, bringing the total to around RM12,250.
These figures are the legal fees proper. They do not include court filing fees, stamp duty, or other disbursements such as valuation costs — your lawyer will advise you on those separately.
What If the Estate Is Very Small?
For smaller and simpler estates — particularly those involving mainly land — there is sometimes a faster and more affordable alternative route through the Land Administrator rather than the High Court. Whether your estate qualifies for this depends on its composition and total value. A lawyer can advise you on this quickly at an initial consultation.
Are These Fees Negotiable?
For estates valued below RM250,000, the fees in the table above are fixed by law and cannot be reduced below the prescribed scale. For larger estates, the fee is calculated as a percentage of the estate value, and for very large estates above RM1,000,000, the fee is discretionary but subject to a minimum.
What this means for you is that you can walk into any law firm in Sabah knowing exactly what the legal fees should be for your estate — there is no guesswork involved.
The Most Important First Step
If you have recently lost a family member and are unsure where to begin, the best thing you can do is speak to a lawyer early. An initial consultation will help you understand which process applies to your situation, what the estate is likely worth, and what the total costs — legal fees and disbursements — will look like from start to finish.
Knowing the numbers upfront helps families make informed decisions and plan accordingly during what is already a difficult time.
The fees set out in this article are based on the Ninth Schedule of the Advocates’ Remuneration Rules 1988 as applicable in Sabah, and reflect the scale fees prescribed as at the date of publication. This article is for general informational purposes only and does not constitute legal advice. Actual costs will depend on the specific facts of each estate, including its composition, total value, and any additional disbursements. Please consult a qualified advocate and solicitor for advice tailored to your situation.
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