When someone passes away their death must be reported to the Master of the High Court (Master). Their estate is then administered in terms of their Will (if they had one) or in terms of the Intestate Succession Act.

The Master will not allow you to administer an estate with a value larger than R250,000 without the assistance of an agent. You can however appoint an agent even in estates for which you are not required to appoint an agent.

NECESSARY INFORMATION AND DOCUMENTATION

In order to report an estate to the Master the following information / documentation is required:

About the person who passed away:

1. Income tax no.
2. Original will
3. Place of birth (e.g. Johannesburg)
4. Nationality (e.g. RSA / Portuguese)
5. Last address for 12 months prior to death
6. Occupation immediately prior to death
7. Marital regime (if married: e.g. community of property)
8. Place where married (e.g. Johannesburg)
9. Full names and dates of birth / death of any children
10. Full names of parents and whether parents are still alive / not
    

About the executor:

1. Full name
2. Identity number
3. Work, postal & residential addresses
4. Contact numbers
5. Relationship to the person who passed away (eg. spouse/child/etc)
   

Proof of ownership and valuation of all property belonging to the person who passed away (as examples):

1. Immovable property: a valuation from an estate agent and a copy of title deed / WinDeed report.
2. Furniture: An estimate by the nearest relative of the value of all the furniture is usually acceptable. However, if any particular item (e.g. jewellery) has been left to a specific person it must be separately valued.
3. Vehicle: valuation by car dealership & registration papers / copy of license to prove ownership.
4. For bank accounts: last bank statement received.
5. Policies – original (or copy if original is lost) policy document.
   

Original or certified copies of the following documents:

1. Death Certificate
2. Identity document of the person who passed away
3. Identity document of executor
4. Identity document of surviving spouse (if applicable)
5. Marriage certificate (if the person who passed away was married)
6. Identity document of all heirs – for children a birth certificate is acceptable
7. Death certificate for any person who would be an heir if he was alive
   

Further information:

1. Whether the person who will attend the consultation was present at the death.
2. If not, whether he /she later identified the person who died.
3. Full names and dates of birth of all heirs.
4. A list of any known creditors and debtors of the estate and a copy of the latest account statement, if possible.
   

PROCESS

1. You collect the information and documentation required and send it to your agent
2. Your agent completes the Master’s forms for signature by you
3. Your agent reports the estate to the Master
4. The Master issues Letters of Executorship (Estates valued over R250,000) / Authority (Estates valued under R250,000)
5. Your agent places an advert for creditors giving them 30 days to come forward
6. The Liquidation and Distribution Account (L&D) is drafted
7. The L&D is lodged at the Master for approval
8. On approval of the L&D by the Master: the L&D is advertised for 21 days
9. On receipt of the Master’s permission: the heirs and creditors are paid out
10. Your agent sends the Master's final requirements and asked for a release (confirmation that he has completed his duty)
11. Your agent is released of his duties by Master

This is a short description of the minimum process followed in estates larger than R250,000. The average time span for the administration of an estate is 6 months depending on the size of the estate and whether other requirements are necessary. As an example, if an immovable property needs to be registered the process takes longer.

SECTION 18(3) ESTATES (VALUED AT UNDER R250,000)

Where an estate is valued at under R250,000 the Master does not need you to appoint an agent and you can administer the estate yourself. You however must still report the estate to the Master. The requirements to report the estate are the same. There are various forms that need to be completed. The forms can be accessed online or obtained from the Master when reporting the estate. Once the estate is reported the Master will issue you with a document called "letters of authority" this will allow you to transfer all property mentioned in that document to the heirs.

Contact us for prices. 

Got a Question About Estates?

Call or email me for more information.

Or Complete This Form to Ask me a Question about Estates: