How Do I Submit a Claim Against a Deceased Estate in South Africa?

A claim against a deceased estate in South Africa is submitted by lodging it with the executor — or, where no executor has yet been appointed, with the Master of the High Court — within the prescribed period advertised when the estate is reported, using the Master’s prescribed form and supported by proof of the debt. The process is governed by the Administration of Estates Act 66 of 1965: the executor must publish notice of the estate to creditors in the Government Gazette and a local newspaper, and the advertised deadline typically runs for 30 days from publication, extendable by the Master under section 29 of the Act. The Master with jurisdiction is the one in the region where the deceased was domiciled at death — not where the creditor lives. If the executor rejects the claim, the creditor may approach the Master for a direction under section 35 of the Act, or, failing that, the High Court.

The Legal Framework: Under Which Act and Which Office

The Administration of Estates Act 66 of 1965 governs the winding-up of deceased estates and sets the procedure for creditor claims against them. The Master of the High Court is the supervisory authority: the Master appoints executors, holds estate files, prescribes the forms used in the claims process, and publishes the vetting checklist applied by executors.

The relevant Master is the one in the region where the deceased was domiciled at death — not where the creditor lives. South Africa has a Master in each main centre (Pretoria, Johannesburg, Cape Town, Pietermaritzburg, Bloemfontein, Kimberley, Grahamstown, and others). Magistrate’s Offices are designated service points for the initial reporting of an estate, but estates whose value exceeds R125,000, or which are governed by a will, are administered from the provincial Master’s Office.

The executor — appointed either by the Master or in terms of the will — administers the estate and is the first point of contact for claimants. Within the advertised claim period, the executor is the procedural addressee; the Master’s Office becomes the addressee only where no executor has been appointed, or where a dispute is escalated under section 35 of the Act.

Who Can Submit a Claim Against a Deceased Estate

South African law recognises several categories of claimant. The category determines how the claim ranks in the Liquidation and Distribution Account.

Category	Examples	Ranking
Secured creditors	Bond holders, vehicle financiers with registered security, holders of notarial bonds or special mortgages	Secured by the underlying asset
Unsecured creditors	Credit card issuers, retail accounts, service providers, medical schemes, unsecured lenders	Concurrent; paid pro rata if the estate is insolvent
Maintenance claimants	Surviving spouses, children, or other dependents under the Maintenance Act 99 of 1998 or a court order	Preferent; not treated as ordinary unsecured debt
Contractual claimants	Parties to leases, partnership agreements, joint ventures, or unperformed contracts that survived the deceased	Concurrent, subject to the contract
Delictual claimants	Persons to whom the deceased caused harm before death	Concurrent; quantum must be proved
SARS	Tax, duty, or levy owed at date of death	Concurrent creditor for amounts due

Burger Huyser Attorneys’ wills and estates practice — run from the firm’s Linden, Randburg head office under Director Anna-Mi Nel — accepts instructions from claimants in any of the categories above, including preferent maintenance claims.

The Step-by-Step Process for Submitting a Claim

The claims process under the Administration of Estates Act is procedural and time-bound. The seven steps below should be followed in order.

1. Locate the estate. Confirm the Master’s Office dealing with the estate — the region where the deceased was domiciled at death. Obtain the estate number from the Master’s online portal or the Government Gazette notice.
2. Identify the executor. The executor’s name appears in the death notice, the Master’s appointment letter, and the estate file. The executor is the procedural addressee for routine claims.
3. Prepare the claim. Complete the Master’s prescribed form (Form J238). Attach proof of the debt — agreement, statement of account, demand, or court order — and include the claimant’s full details, the estate number, and the amount claimed.
4. Lodge the claim within the prescribed period. Submit to the executor before the deadline advertised in the Government Gazette and a local newspaper (typically 30 days from publication).
5. Obtain written acknowledgement. Request a signed receipt from the executor, or proof of lodgement dated within the prescribed period.
6. Wait for the executor’s decision. The executor admits or rejects the claim and reflects the decision in the Liquidation and Distribution Account.
7. Escalate if rejected. Apply to the Master for a direction under section 35 of the Act, or approach the High Court if the Master’s direction is unfavourable.

Documentation Required for a Claim

The Master’s vetting checklist is applied to every claim lodged. A claim that fails the checklist — typically for missing or inadequate supporting documents — is at risk of rejection even where the underlying debt is genuine.

Document	Purpose
Completed Master’s prescribed claim form (Form J238 or current equivalent)	Formal lodgement document; without it, the executor has no procedural basis to assess the claim
Statement of account or proof of the debt	Invoices, loan agreements, credit-card statements, judgment record, or contract
Identity document of the claimant	Or registration documents for a corporate claimant
Power of attorney or authority to act	Required where the claim is signed by a representative
Court order under which the claim is brought	For maintenance claims or judgment debts
Verification by affidavit or solemn declaration	Required where the claim is for a liquidated amount

Late Claims and the Master’s Discretion

The Master’s advertised deadline is the formal cut-off, but late claims are not automatically excluded. Section 29 of the Administration of Estates Act 66 of 1965 gives the Master discretion to extend the period under specified conditions.

A late claim should be supported by:

• An affidavit explaining the delay and why the claim could not be lodged in time;
• Full proof of the underlying debt; and
• Confirmation that the estate has not yet been finalised (typically evidenced by the absence of a final Liquidation and Distribution Account).

The Master weighs the reason for the delay, the prejudice to other creditors if the extension is granted, and whether the estate has already been distributed. Where the estate has already been distributed, an extension is unlikely to assist — the claimant’s remedy then lies against the beneficiaries, not the executor.

What Happens When an Executor Rejects a Claim

The executor must give written reasons for the rejection, recorded in the Liquidation and Distribution Account. Common reasons include:

• The debt is unproved (no or insufficient supporting documents);
• The creditor missed the prescribed claim period without an extension;
• The claim is unliquidated; or
• There is a valid set-off against the deceased.

The creditor’s first escalation is to the Master for a direction under section 35 of the Act. The Master may direct the executor to admit the claim, partially admit it, or refer it to the High Court. If the Master’s direction is unfavourable, the creditor may lodge a caveat or approach the High Court directly. Where the claim is contested, rejected, or otherwise in dispute, Burger Huyser Attorneys’ wills and estates team can represent the claimant before the Master of the High Court and, if necessary, in the High Court division.

Common Pitfalls and When to Get an Attorney

Most rejected claims fail on procedural rather than substantive grounds.

Pitfall	Consequence
Missing the Master’s advertised deadline	Claim vulnerable to rejection; extension requires the Master’s discretion
Lodging with the wrong Master’s Office	Jurisdiction follows the deceased’s domicile, not the claimant’s address
Insufficient proof of the debt	Bare claims without supporting documents are routinely rejected
Failure to inspect the Liquidation and Distribution Account	Once advertised, the account must be inspected within the advertised period; failing to do so closes off objections
Treating maintenance claims as ordinary debts	Maintenance claims have a preferent right and rank differently from unsecured creditors

An attorney should be consulted where the claim is contested, where the claimant is a dependent seeking maintenance, where the executor has rejected the claim, where the claim depends on the Master’s discretion to extend the deadline, or where the estate is insolvent or partially insolvent. Burger Huyser Attorneys assesses these claims at its Linden, Randburg head office and acts for claimants across its Gauteng branches.

Working with the Master of the High Court

The Master’s website at justice.gov.za/master carries the current office directory, the prescribed forms, and the schedule of fees, and is the practical starting point for any claimant who has not yet confirmed the office in question. Reporting of the estate by the family must take place within 14 days of the date of death. Burger Huyser Attorneys does not require a claimant to attend a Master’s Office in person before instructing — the executor and the Master’s Office are dealt with by the firm on the claimant’s behalf, and instructions are taken at any of the firm’s Gauteng branches or centrally at the Linden head office.

Frequently Asked Questions

Where do I submit a claim against a deceased estate — the executor or the Master?

Submit the claim to the executor, or, where no executor has yet been appointed, to the Master of the High Court.

How long after the Master’s notice can I still submit a claim?

Typically 30 days from publication, but the actual period depends on the wording of the notice. The Master may extend it under section 29.

Which Master of the High Court has jurisdiction over the estate?

The Master in the region where the deceased was domiciled at death — not where the creditor lives. The estate number identifies the office.

Can I submit a claim after the deadline has passed?

Yes — the Master has discretion under section 29, supported by an affidavit explaining the delay, proof of the debt, and confirmation that the estate has not been finalised.

What happens if the executor rejects my claim?

The executor must give written reasons recorded in the Liquidation and Distribution Account. First escalation is to the Master under section 35; failing that, the High Court.

Can a maintenance claim be lodged against a deceased estate?

Yes — surviving spouses, children, and other dependents under a court order or the Maintenance Act 99 of 1998 may lodge a claim. Maintenance claims rank preferently.

When should I consult an attorney about a claim against a deceased estate?

Where the claim is contested, the executor has rejected it, it depends on the Master’s discretion, the claimant is a dependent seeking maintenance, or the estate is insolvent.

Where a claim against a deceased estate has been rejected, has missed the Master’s advertised deadline, or ranks as a maintenance claim requiring preferent treatment, Burger Huyser Attorneys’ wills and estates team can assess the position and represent the claimant before the Master of the High Court or the High Court. The firm handles these matters through its Linden, Randburg head office (49 First Avenue, 011 888 0246) under Director Anna-Mi Nel, with day-to-day estate administration overseen by the firm’s deceased estate administrator. Initial consultations are booked through the head office directly.