Losing someone you love is hard enough without having to immediately figure out what to do with everything they’ve left behind. But at some point — once the dust has settled a little — the practical questions start to surface. Whose name is the house in? What about the bank account? Can anyone touch the money? Who is supposed to sort all of this out?
This article is for anyone in that position. You don’t need to know the law to understand this — we’ll walk you through it in plain terms.
First, a simple question: did they leave a will?
Everything starts here. When someone passes away, the first thing to find out is whether they left a will. A will is a written document where a person sets out who they want to receive their belongings after they die, and who they want to be responsible for sorting everything out (this person is called an executor).
The answer to this question — will or no will — determines what needs to happen next.
If there is a will
If your family member left a will and named someone to carry out their wishes, that person (the executor) needs to apply to the court for something called a Grant of Probate. Think of it as the court’s official stamp of approval — confirming that the will is valid and giving the executor the legal authority to act.
Once probate is granted, the executor can go to the bank, deal with property, settle any debts, and distribute what’s left to whoever is named in the will.
If the will exists but the person named as executor has already passed away, or simply doesn’t want to take on the role, there is still a way forward — a lawyer can advise you on the next steps.
If there is no will
This is where things get a little more complicated, but don’t worry — it is still very much solvable.
When someone passes away without a will, no one has been officially appointed to deal with their estate. In this situation, a family member — usually the spouse, or one of the children — needs to apply to the court to be appointed as the administrator of the estate. The document the court issues is called Letters of Administration.
Once you have been appointed as administrator, you have the legal authority to deal with the estate — collecting the assets, settling debts, and distributing what remains.
The important thing to know here is that when there is no will, the law decides who gets what — not the family. The shares each family member receives are fixed by law based on the family’s composition (whether there is a surviving spouse, children, parents, and so on). This is why having a will is so important, but that’s a topic for another day.
What actually needs to be done?
Whether there is a will or not, the process generally involves the following steps. You’ll need to gather some basic documents — the death certificate is the most important one to get early. You’ll need a rough idea of what the deceased owned and owed: bank accounts, property, vehicles, any debts or outstanding bills. And you’ll need to engage a lawyer to prepare and file the necessary court application.
The court process does take time — it is not an overnight matter — but once the grant is issued, things can move relatively quickly.
Can you do anything in the meantime?
Before the court grant is obtained, there are limits on what anyone can do with the deceased’s assets. Banks will freeze accounts and property cannot be transferred. This can feel frustrating, especially if there are ongoing household expenses or other urgent needs.
A lawyer can advise on what steps can be taken in the interim — for example, applying for access to a joint account, or dealing with urgent matters while the main application is being processed.
What about smaller estates?
If the estate is relatively modest — particularly where it mainly involves land — there may be a simpler, faster process available that does not require a full court application. A lawyer can tell you quickly whether your situation qualifies.
The most important thing you can do right now
Speak to a lawyer early. You don’t need to have everything figured out before you make that call. A good lawyer will listen to your situation, tell you which process applies, and guide you step by step. The sooner you start, the sooner the estate can be sorted out and your family can have closure.
Dealing with a loved one’s estate is never easy. But you don’t have to figure it out alone.
Every family’s situation is different. This article is provided for informational and educational purposes only and does not constitute legal advice. The administration of estates is a complex area of law that depends heavily on the specific facts and circumstances of each case, including the nature and composition of the estate and the family structure of the deceased. The law applicable to estates in Sabah differs in important respects from the law applicable in Peninsular Malaysia, and persons dealing with estates in Sabah are strongly encouraged to consult a qualified advocate and solicitor practising in Sabah. This information is intended to educate readers about estate administration in Sabah and should not be construed as advertising or solicitation of legal services.