Any person or institution with a legally enforceable claim against the deceased or the estate can potentially lodge a claim. Common examples include banks, lenders, trade creditors, landlords, SARS and private persons to whom money is owed.

Where an executor is appointed, the executor publishes a notice under section 29 of the Administration of Estates Act calling on creditors to lodge claims within a period of not less than 30 days and not more than three months from the latest publication. Missing that claims period does not automatically extinguish an otherwise valid debt. Section 31 specifically deals with late claims and can expose a late claimant to additional costs and restrictions.

Certain maintenance claims can also affect the estate. A qualifying surviving spouse, including a qualifying partner in a qualifying permanent life partnership under the amended Maintenance of Surviving Spouses Act, may have a maintenance claim if the statutory requirements are met. Children and others to whom the deceased owed an enforceable duty of support may also have claims in appropriate circumstances.

There is no single three-year prescription rule for deceased estates. Ordinary debts often have a three-year prescription period, but other debts have different periods and section 13 of the Prescription Act contains specific provisions delaying the completion of prescription where, for example, no executor has yet been appointed or a claim has been filed against a deceased estate.

See also: What if there is not enough money in the estate? | How is a deceased estate distributed?

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.