My Parent Passed Away in Malaysia but I Live in Singapore – What Should I Do?

It is increasingly common for Malaysians to live and work in Singapore while their parents continue to reside and own assets in Malaysia.

When a parent passes away in Malaysia, you may suddenly need to deal with a Will, Malaysian property, bank accounts and other estate matters while you are still based in Singapore.

So, where should you begin?

Note: This article generally concerns non-Muslim estates in Peninsular Malaysia. Different rules may apply depending on the estate and jurisdictions involved.

Step 1: Find Out Whether Your Parent Left a Will

The first question is whether your parent left a valid Will.

If there is a Will, check who has been appointed as the executor. The executor will generally be responsible for administering the estate and may need to apply for a Grant of Probate. (Further reading: Executor of a Will in Malaysia: 16 Things You Should Know)

If your parent did not leave a valid Will, an appropriate person may instead need to apply for Letters of Administration or consider another applicable estate administration procedure.

A simple starting point is:

Valid Will + executor able to act → Grant of Probate

No Will → Letters of Administration

For a fuller explanation, read our guide on Probate vs Letters of Administration in Malaysia.

Step 2: Identify the Malaysian Assets

Try to prepare a basic list of your parent’s assets in Malaysia.

These may include:

  • houses, condominiums or land;
  • Malaysian bank accounts;
  • shares and investments;
  • vehicles;
  • business interests; and
  • other significant assets.

The assets do not automatically become available to family members simply because someone has passed away. The appropriate estate administration process will generally need to be completed before the executor or administrator can properly deal with them.

Step 3: Locate the Important Documents

Depending on the estate, useful documents may include:

  • death certificate;
  • original Will, if any;
  • NRIC or passport of the deceased;
  • executor or proposed administrator’s identification documents;
  • property documents;
  • bank or investment information; and
  • details of the beneficiaries or surviving family members.

If there is an original Will, keep it safely. The executor may need it for the Probate application.

Step 4: Determine Who Will Administer the Estate

Where there is a valid Will, the executor named in the Will will generally be responsible for applying for Probate and administering the estate.

The executor’s role can include identifying assets, dealing with banks and authorities, settling liabilities, dealing with property and eventually distributing the estate to the beneficiaries.

You can read more about what an executor actually does in Malaysia.

Do I Need to Travel From Singapore to Malaysia?

Not necessarily for every stage.

Depending on the estate and the procedure involved, preliminary discussions, collection of information, preparation of documents and communication with the Malaysian lawyers can often be handled while you remain in Singapore.

However, particular documents, affirmations, signing requirements or Court procedures may require specific arrangements depending on the circumstances.

If the estate is connected to Johor, you may refer to our Probate Lawyer in Johor Bahru page.

What If My Parent Owned Property in Malaysia?

Property usually requires additional steps even after the Grant of Probate or Letters of Administration has been obtained.

Depending on the circumstances, the property may eventually need to be transmitted, transferred to a beneficiary, sold by the estate or otherwise dealt with as part of the administration process.

Obtaining the Court grant is therefore often an important step, but it is not necessarily the end of the estate administration.

What If I Am the Executor but I Live in Singapore?

Living in Singapore does not automatically mean that you cannot act as executor of a Malaysian estate.

The practical arrangements will depend on the estate, documents required and the steps that need to be carried out in Malaysia.

If you have been named as executor, it is useful to obtain advice early so that you understand what documents are required and which parts of the process may be handled while you are overseas.

Probate Assistance for Singapore-Based Family Members

If your parent has passed away in Malaysia while you are living or working in Singapore, the first priority is usually to determine:

  1. whether there is a valid Will;
  2. who is responsible for administering the estate;
  3. what Malaysian assets are involved; and
  4. which estate administration procedure is appropriate.

TEH & YU assists with Probate and Estate Administration in Malaysia, including applications for Grant of Probate, Letters of Administration and related estate administration matters.

For estates connected to Johor, you may also view our Probate Lawyer in Johor Bahru services.

If you are based in Singapore and need assistance with a parent’s Malaysian estate, you may contact TEH & YU with a brief description of the estate and the assets involved.

Further reading: What to Do When a Parent or Family Member Passes Away With a Will in Malaysia

The information above is provided for general informational purposes only and does not constitute legal advice. The appropriate probate or estate administration procedure depends on the particular circumstances of the deceased, the Will, beneficiaries, assets and jurisdictions involved.

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