Who to Assign as Executor

When writing your will, one of the key decisions you’ll need to make is choosing an executor—and yes, it’s a legal requirement in Malaysia (and in most other jurisdictions too). The executor is the person who will carry out your instructions, manage your estate, and ensure your assets are distributed according to your wishes after you’re gone.

Now, while you can technically assign anyone as an executor, that doesn’t mean you should. This is a role that requires careful consideration, because it comes with real responsibility and a fair bit of paperwork.

In my case, I have my sister listed down as the executor of my will, and assign one of my parents as the alternate executor, in case my sister is unable to execute for any reason when the time comes.

What Does an Executor Actually Do?

An executor’s job kicks in after you pass away. Their responsibilities may include:

• Applying for a Grant of Probate

• Locating and securing your assets (e.g. bank accounts, property, investments)

• Paying off any debts or taxes owed by your estate

• Distributing your assets according to your will

• Closing accounts or transferring ownership of property

This can involve quite a bit of administrative work and communication with banks, government bodies, and lawyers. In other words, this is not just a ceremonial title—it’s a task-heavy role that involves managing legal processes, paperwork, and decisions at a time when emotions may already be running high.

Who Should You Choose as Executor?

Look for someone who is:

• Trustworthy – They’ll have access to sensitive information and control over your assets.

• Organised and reliable – There’s paperwork, deadlines, and processes to follow.

• Willing to take on the role – Always ask first. It’s not a role to surprise someone with.

You can choose a family member, a close friend, or even a lawyer or professional trustee. Most people in Malaysia typically assign a spouse, sibling, or adult child—someone close and familiar with their situation.

And yes, your executor can also be a beneficiary. In fact, that’s very common. It’s often more practical and comfortable to assign someone who already knows your affairs and is personally invested in getting things done properly. You may not want to hand over all that personal information to a third party, and that’s completely understandable.

Can They Get Help?

Absolutely. If your executor doesn’t feel confident handling everything themselves, they can engage a law firm to assist. In fact, this is often the most efficient route. They’ll bring your will to a lawyer, and the lawyer will help carry out the proper legal process.

The cost for legal help usually runs a few thousand ringgit depending on the complexity, and the good news is: this cost can be paid out of your estate. So your executor doesn’t have to bear the burden personally. You can even write a note in your will to say you’re okay with them doing so.

Should You Leave a Fee for Your Executor?

That’s up to you. Some people choose to allocate a small executor’s fee—a flat amount or a percentage of the estate—as a token of appreciation for the time and effort involved. Others don’t, especially if the executor is already receiving part of the estate as a beneficiary.

There’s no right or wrong here. It depends on your values, your estate size, and your relationship with the person you’ve chosen.

Don’t Forget the Backup Plan

You should also appoint an alternate executor—just in case your first choice is unable or unwilling to take on the role when the time comes. This backup person only steps in if needed, but having one ensures your estate won’t be left in limbo.

Make It Easy for Your Executor

Once you’ve chosen your executor:

• Let them know. Make sure they’re comfortable taking on the role.

• Give them a copy of your will.

• Ensure your will includes key information about your assets, so they can locate and manage them without unnecessary stress.

They don’t need to sign your will, but they do need to be informed—and ideally prepared.

Final Thoughts

Choosing the right executor is just as important as writing the will itself. You’re entrusting this person to carry out your last wishes, manage your legacy, and support your loved ones through a tough time.

So choose wisely. Give them what they need. And when in doubt—keep it simple, make it clear, and know that help is always available.