When a person dies, the deceased estate must be reported and administered under the Administration of Estates Act 66 of 1965. The estate is generally reported to the Master of the High Court within 14 days. Jurisdiction ordinarily lies with the Master for the area in which the deceased was ordinarily resident at the date of death. If the deceased was not ordinarily resident in South Africa at death, the jurisdictional rules in section 4 of the Act apply.
For a full estate, the Master appoints an executor and issues Letters of Executorship. For an estate that qualifies for the simplified section 18(3) process, currently where the gross value does not exceed R250,000, the Master may dispense with a full executorship and issue Letters of Authority to a Master’s Representative.
Once authorised, the executor or Master’s Representative takes control of estate assets and liabilities. In a full executorship, the executor advertises for creditors, gathers and values assets, verifies and pays valid claims, attends to tax, and prepares a Liquidation and Distribution account. The account is examined by the Master and then lies open for inspection for at least 21 days. Once the statutory objection process has been completed and the account has become distributable, the executor pays creditors and transfers or pays the remaining estate to the beneficiaries or heirs.
The Master supervises this process but does not administer the estate on behalf of the family. Wealth and Legacy Group can assist with deceased-estate administration where appointed or appropriately mandated.
See also: What is a deceased estate? | When must a deceased estate be reported?
Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.