Executor Refuses, Dies or Cannot Act: What Happens to Probate in Malaysia?

If the executor named in a will refuses to act, has died or cannot act, the will does not automatically become useless. But the ordinary route to a Grant of Probate may change, because probate is, at its core, granted to an executor appointed by the will.

The Probate and Administration Act 1959 contains specific provisions for these situations. The real answer depends on when the problem arose, how many executors were appointed, whether any executor has already taken out probate, and whether another executor can still act.

Scope of this article: it focuses on the civil probate and administration process in Peninsular Malaysia. If the testator was Muslim, state Syariah law, faraid and confirmation by the Syariah Court may also apply, and in some Muslim estates a civil grant of representation also forms part of the process. Procedures in Sabah and Sarawak may differ. Do not assume every will follows the same route.

Quick answer

• An executor can formally give up (renounce) the right to representation in the way the law allows.

• If an executor dies before taking out probate, or renounces, their rights as executor can come to an end.

• If probate was granted to several executors and one of them later dies, representation can generally continue with the surviving executor or executors, subject to the relevant legal conditions.

• If every executor has died, renounced or is incapable of acting, the Act recognises that the ordinary executor route has failed, and another form of administration has to be assessed.

• Do not assume a beneficiary or family member can simply take over without the appropriate grant.

Situation 1: The executor does not want to take on the role

Being appointed executor does not mean the person must personally run the estate in every circumstance.

The Act allows a person who is entitled to representation to make an express renunciation. A renunciation must be made in the form the Act describes and should be properly documented.

If you are the named executor and do not want to act, do not simply stay silent. The family still needs to know who will take the next step, and an informal "I don't want to do it" does not change the legal position on its own.

Situation 2: The executor does nothing even after being asked

The Act also provides a citation mechanism.

A person with an interest in the estate, or a creditor, can cause a citation to be issued to the executor, or to another person who appears to have a prior right to representation, calling on them to either accept or renounce that right. If the person cited does not appear, or appears but does not go on to take out representation as ordered, the law may treat their position as a renunciation in the circumstances the Act provides.

This is different from simply saying "the executor is slow". A citation is a legal step that needs an assessment of the facts and the procedure.

Situation 3: The executor dies before obtaining the Grant of Probate

The Act deals with an executor who:

• survives the testator but dies before taking out probate;

• does not act after a citation, in the circumstances the Act provides; or

• renounces probate.

In these cases, that person's rights as executor can come to an end, and representation has to move through another route the law allows.

If the will names a second or substitute executor, read the will carefully to establish that person's position. Their appointment may resolve the problem without any change of route.

Situation 4: There are several executors and one dies after the grant

This is different from a death before probate.

Where representation has been granted to more than one executor or administrator and one of them dies, the Act provides that representation can pass to the surviving executor or executors, subject to the other relevant provisions.

That is why it is important to know whether a grant has already been issued, and to whom, before deciding what to do next.

Situation 5: None of the executors can act

The Act recognises situations where the executor route fails, including where:

• no executor was appointed;

• the executor, or all the executors, are legally incapable of acting or have renounced; or

• no executor survived the testator.

In these cases, do not label the matter as "ordinary probate". Letters of administration with the will annexed, or another type of grant, may need to be assessed according to the will and who is entitled to apply.

Our guide Grant of Probate vs Letter of Administration in Malaysia: Which One Applies? explains the basic difference between the two grants. Executor failure needs a more specific review than a simple "will vs no will" comparison.

Is the will still effective if the executor refuses?

An executor's refusal or failure does not, on its own, wipe out the contents of the will.

The questions to assess are:

• Is there still a valid and operative will?

• Is there another executor who can prove it?

• What is the legal status of the executor who will not or cannot act?

• Who has the standing to apply for the next grant?

Where letters of administration with the will annexed are granted, the will continues to be carried out as if probate had been granted to an executor. The person administering the estate changes; the will does not.

Can a beneficiary step in as a replacement executor?

Do not assume so.

A beneficiary may have an interest in the estate, but the right to benefit and the right to representation are two different things. If the executor route fails, the law decides which grant is needed and who has the standing to apply for it.

This question, from the beneficiary's side, is covered in detail in Can a Beneficiary Replace the Executor Named in a Will in Malaysia?.

What if the executor is overseas?

Being overseas is not the same as having died or renounced. Practical issues such as signing documents, affidavits, attendance, document authentication and whether the executor still wants to act need to be assessed separately.

Do not treat someone as "unable to act" purely because of where they live without understanding their actual position.

What if the executor is missing or cannot be traced?

This may require additional steps to show what efforts have been made to find them and to decide who can take out representation. It is not something to be solved by informally changing the executor's name within the family.

Documents to prepare

To assess the executor issue, gather:

• the testator's death certificate;

• the original will and any codicils;

• the names of all appointed executors;

• the status of each executor: alive, deceased, willing, refusing or untraceable;

• copies of any renunciation, citation or earlier grant;

• a list of the main beneficiaries;

• a summary of assets and liabilities; and

• a short chronology of what has happened so far.

The Government's official portal (malaysia.gov.my), in its large-estate procedure guidance last updated in September 2026, lists starting documents such as the death certificate, identity documents of the applicant and heirs, a full list of assets, proof of ownership, a copy of any will and family-relationship documents. The exact evidence for an executor-failure case depends on the grant being sought.

Where does the application go?

Official guidance on malaysia.gov.my places a non-Muslim estate where the deceased left a will, and any estate above RM5 million, in the civil High Court, and states that these applications are filed by a lawyer appointed by the heirs. The small-estate route through the Department of Director General of Lands and Mines (JKPTG, via its MyLAND system) covers estates of up to RM5 million without a will, so it does not replace probate where there is a will.

When to get advice early

Get an early review if:

• all executors refuse to act;

• the sole executor has died;

• there is a dispute between several executors;

• the beneficiaries want to compel the executor to act;

• the original will is also missing;

• a caveat has been entered;

• there are two versions of the will; or

• assets are sitting idle, deteriorating or need urgent decisions.

"An executor problem isn't just a question of who is willing to do the work. If an executor refuses, dies or can no longer act, we need to establish the effect on their rights as executor and who has the standing to take the next step in obtaining representation." — Akmal Saufi Mohamed Khaled, lawyer and principal of ASCOLAW (Messrs Akmal Saufi & Co)

How ASCOLAW can help

If there is a will but the executor route has run into problems, ASCOLAW can review the will, the status of each executor and any earlier filings, and assess which grant is appropriate and who can apply.

Fill in the ASCOLAW enquiry form below with a short summary: whether you have the will and death certificate, the names of all executors, what has happened to each of them, and a brief chronology. We will contact you to discuss the position and the next step.

Frequently asked questions

Can an executor withdraw a renunciation after making it?

The Act contains provisions on withdrawing a renunciation. Whether it can be done in a particular case depends on the stage of the proceedings and what representation has already been granted.

If one of three executors does not want to act, can the other two carry on?

The Act allows probate to be granted to one or some of several executors in permitted circumstances. The actual position depends on who proves the will, the status of the other executors and the documents that need to be filed.

If all the executors have died, does the family need a Letter of Administration?

Do not jump straight to the label "ordinary LA". Where there is a will but the executor route has failed, letters of administration with the will annexed, or another form of grant, may be more accurate. Check the facts and the will first.

Can a beneficiary force the executor to act?

The Act provides a citation mechanism in certain circumstances. Whether that is the right step needs a specific assessment and is more than an ordinary family request.

Does the executor's death cancel the gifts in the will?

No. The executor's death affects who administers the estate, not the gifts themselves. Where administration with the will annexed is granted, the will is still carried out.

This article is general information only and is not legal advice. Every estate and every will involves different facts and procedural requirements. It describes the general position in Peninsular Malaysia; the rules and procedure in Sabah and Sarawak, and for Muslim estates, may differ. Obtain specific advice before acting.

Related guides

• Can a Beneficiary Replace the Executor Named in a Will in Malaysia?

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

• Letter of Administration in Malaysia