Where the gross value of a deceased estate does not exceed R250,000, the Master may apply the simplified procedure in section 18(3) of the Administration of Estates Act. Instead of appointing an executor and issuing Letters of Executorship, the Master…

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…

Immovable property belonging to a deceased estate must be dealt with through the estate administration process and transferred through the Deeds Office by a conveyancer. If the property is awarded to an heir in the Liquidation and Distribution account, section…

A deceased estate’s status can be checked through the Department of Justice’s online systems, the executor or administrator, and the relevant Master’s Office. The ICMS Master’s Office Web Portal provides a public deceased estate search using information recorded by the…

Estate duty planning should focus on the lawful deductions, abatements and planning structures available under current law. Common planning considerations include the section 4(q) deduction for qualifying property accruing to a surviving spouse, the section 4A abatement, qualifying bequests to…

A deceased estate itself is not “for sale” as a legal entity, but assets forming part of a deceased estate can certainly be sold during administration. This most commonly refers to a property marketed as a “deceased estate sale”. The…

Yes, in appropriate circumstances a deceased estate can have, or acquire, a beneficiary interest in a trust. One example is where a beneficiary had a vested right to trust income or assets before death and that right forms part of…

There is no single statutory deadline by which the executor must fully finalise every estate. The most important express deadline is in section 35 of the Administration of Estates Act. The executor must ordinarily submit the Liquidation and Distribution account…

An estate valued at R250,000 or less falls within the current monetary threshold for the simplified section 18(3) procedure, but the reporting location is still determined by the Master’s jurisdiction and current service point rules. The estate should be reported…

From a beneficiary’s perspective, an estate is effectively “settled” when the statutory administration has progressed far enough for the executor to pay creditors and distribute the inheritance in accordance with the Liquidation and Distribution account. There is no statutory minimum…