Section 9 of the Births and Deaths Registration Ordinance (Sarawak Cap. 10) clearly states that the registration of death of a person in Malaysia is allowed only on condition that the body is found. For persons that the High Court has classified as presumed to be dead, the court will issue an order declaring that the person is legally presumed dead.
The NRD will not register or issue a death certificate for a person presumed dead. However, it will update the NRD system with information of the person that the High Court has declared to be presumed dead. For matters relating to a person who has been presumed dead, the next of kin must use the court order issued by the High Court.
Application to update the information of persons who are presumed dead by court order will be handled only by the NRD headquarters in Putrajaya. The application may also be submitted at the NRD of a state capital to be forwarded to the NRD headquarters in Putrajaya.
Application for report of person presumed dead may be submitted by the following persons or entities:
- Parent of the person whose name appears in the court order;
- Spouse of the person whose name appears in the court order;
- Child or legally adopted child of the person whose name appears in the court order;
- Sibling of the person whose name appears in the court order;
- Law firm
- Form III that is completed;
- Court order from the High Court or Shariah High Court or Court of Appeals or Federal Court that the person is presumed dead (a court order for presumption of death from courts other than those stated will not be accepted);
- Application letter from the law firm (if the applicant is a law firm);
- Identity card or identification document of the applicant (original and copy);
- Identity card of the client (if the applicant is a law firm) (copy);
- Identity card of the deceased
Free of charge