Lodging a Claim Against a Deceased Estate | Legal Process Explained

A claim against a deceased estate in South Africa is lodged by submitting a sworn declaration of claim to the appointed executor (or executrix) once the Master of the High Court has advertised the estate in the Government Gazette and a local newspaper, in accordance with section 35 of the Administration of Estates Act 66 of 1965. Death must be reported to the Master within 14 days, an executor appointed within a prescribed period, and creditors typically have 30 days from the advertisement date to lodge claims before those claims are ranked according to the statutory order of preference. Claims lodged outside that window are not extinguished but require either executor consent or an application to the Master, and a rejected claim can be taken on review to the High Court before the estate is finally distributed.

Who Can Lodge a Claim Against a Deceased Estate

South African law recognises several categories of claimants against a deceased estate. The class of eligible claimant depends on the nature of the underlying right — a debt, a maintenance obligation, a contractual entitlement, or a claim to specific property in the estate.

• Creditors of the deceased — anyone to whom the deceased owed a debt at the date of death, including loans, credit accounts, unpaid taxes, mortgage arrears, and judgment debts.
• Surviving spouses or dependents — for arrear or ongoing maintenance under the Maintenance Act 99 of 1998, where the deceased was under a maintenance obligation.
• Parties with contractual claims against the deceased — lessors, employees for unpaid remuneration, and business counterparties under terminated contracts.
• Parties with claims to specific property in the estate — heirs contesting a disposition, or beneficiaries alleging a debt was owed to them by the deceased.

The Statutory Framework That Governs the Process

The lodgement process is not a free-form negotiation between creditor and executor — it is anchored in statute, with the Master’s practice directives filling in the current procedural detail.

Instrument	Role in the claims process
Administration of Estates Act 66 of 1965	The controlling statute — section 29 (reporting of death), section 35 (creditors’ claims and advertisement), section 37 (liquidation and distribution account), and section 35(10) (Master’s discretion over late claims).
Master’s Practice Directives and Circulars	Issued periodically by the Chief Master, setting out current forms, fees, and procedural requirements.
Maintenance Act 99 of 1998	Governs maintenance-specific claims by surviving spouses and dependents.
Wills Act 7 of 1953	Relevant where a claim challenges the validity of the will itself — interpretation, undue influence, or improper execution.

The Step-by-Step Process for Lodging a Claim

From the moment of death to the executor’s decision on a lodged claim, the process follows a defined sequence. Each step has a documentary or procedural trigger that the claimant should understand before acting.

1. Confirm the death has been reported. The Master must be informed within 14 days. You can confirm lodgement with the Master’s office in the jurisdiction where the deceased was ordinarily resident at the date of death.
2. Confirm an executor has been appointed. The executor (named in the will, or appointed by the Master under section 13 if there is no will, or under section 14 where the named executor declines) is the person to whom claims are lodged.
3. Wait for the Master’s advertisement. Under section 35, the executor must advertise the estate in the Government Gazette and a local newspaper circulating in the district where the deceased lived. This advertisement invites creditors to lodge claims within the stated period (typically 30 days).
4. Prepare a sworn declaration of claim. A sworn affidavit setting out the nature and quantum of the debt, when it arose, and what (if anything) the deceased paid or acknowledged before death. The Master’s current prescribed form should be used.
5. Submit the claim to the executor, together with supporting documents — the original contract or invoice, any written acknowledgement, accounting records, and court orders where relevant.
6. Allow the executor to accept or reject. The executor must consider the claim and either accept it (for inclusion in the liquidation and distribution account, ranked by preference) or reject it in writing with reasons.
7. If rejected, escalate before distribution. The claimant can approach the Master for review, or institute action in the Magistrate’s Court or High Court before the estate is finally distributed. After distribution, recourse against the estate is largely closed off.

Documents Typically Required to Support a Claim

Even an undisputed debt requires documentary proof. The executor is not obliged to investigate the merits of a claim beyond the documents lodged, so the strength of the supporting bundle often determines whether the claim is accepted at first instance.

• Sworn declaration of claim (Master’s current prescribed form, available from the Master’s office or its website).
• Original contract, invoice, statement of account, or other evidence of the debt.
• Proof of any payment made, or acknowledgement by the deceased, before death.
• For maintenance claims: the existing maintenance order, or evidence of need and the deceased’s obligation to maintain.

What Happens If You Lodge the Claim Late

Missing the advertised 30-day window is not fatal to the claim, but it changes the practical position of the creditor. Late claims are still possible, but they rank after claims properly lodged within the advertised period and may receive only a reduced distribution.

• The executor may consent to admit a late claim.
• Absent consent, the claimant must apply to the Master under section 35(10) of the Act.
• The Master’s discretion on late claims is exercised against the background of the section 35 purposes — protecting the orderly winding-up of the estate and the rights of creditors who lodged in time.

The Executor’s Duties Once a Claim Is Lodged

Once a claim reaches the executor, the executor’s duties are largely statutory and time-bound. The executor must consider each claim and either accept (with supporting documents) or reject it in writing with reasons. Accepted claims are included in the liquidation and distribution account, ranked according to the statutory order of preference — secured creditors first, then preferent claims under section 34 of the Act, then concurrent creditors, then estates and legatees.

The executor must then file the liquidation and distribution account with the Master, who opens it for inspection (typically 21 days) before authorising distribution. The Master will scrutinise the account against the claims lodged and the assets of the estate before signing off on distribution.

What to Do If Your Claim Is Rejected

A rejection is not the end of the matter — but it is the start of a clock. The longer a claimant waits, the closer the estate moves to final distribution, and once distribution is complete, recourse against the estate is largely closed off.

• Request written reasons from the executor.
• Approach the Master for review of the executor’s decision — the Master has supervisory jurisdiction over estates under the Act.
• Where the Master declines to intervene, or where the dispute is factual or contractual, the claimant can approach the Magistrate’s Court (for smaller claims) or the High Court (for larger or disputed claims) before the estate is finally distributed.
• After distribution, the claimant’s recourse against the estate is largely closed off — time is of the essence.

Burger Huyser Attorneys’ Wills & Estates practice regularly assists claimants at this escalation point — drafting the Master’s review application or issuing process in the appropriate court before distribution closes the window.

Comparison: Lodging a Claim vs Contesting the Will

These are two different procedural routes that are sometimes confused. Lodging a claim recovers a debt or maintenance owed by the deceased; contesting the will challenges the validity of the will itself. They run on different statutory bases, are filed with different offices, and operate on different timelines.

Aspect	Lodging a claim	Contesting the will
Purpose	Recover a debt or maintenance owed by the deceased	Challenge the validity of the will itself
Statutory basis	Administration of Estates Act 66 of 1965, s 35	Wills Act 7 of 1953
Filed with	The executor	The High Court (within the Master’s jurisdiction)
Typical grounds	Non-payment of debt; maintenance obligation	Lack of capacity, undue influence, improper execution
Time pressure	Must lodge within advertised period (typically 30 days) or seek late-claim relief	Must lodge within a reasonable time; delay can be fatal

Frequently Asked Questions

How long do I have to lodge a claim against a deceased estate?

Under section 35 of the Administration of Estates Act, the executor must advertise the estate in the Government Gazette and a local newspaper, and creditors are typically given 30 days from the date of advertisement to lodge claims. Late claims are not extinguished but rank lower and require either executor consent or an application to the Master under section 35(10).

Where do I lodge a claim against a deceased estate?

Claims are lodged with the appointed executor (named in the will or appointed by the Master), not with the Master’s office directly. The Master’s office supervises the process and reviews the liquidation and distribution account, but the sworn declaration of claim and supporting documents go to the executor.

Can a surviving spouse lodge a maintenance claim against the deceased estate?

Yes. A surviving spouse or dependent child whose deceased partner or parent was under a maintenance order — or who was in fact being maintained — can lodge a claim for arrear or ongoing maintenance against the estate under the Administration of Estates Act and the Maintenance Act 99 of 1998.

What happens if the executor rejects my claim?

Request written reasons from the executor, then approach the Master for review under the Master’s supervisory jurisdiction. Where the dispute is unresolved, the claimant can institute action in the Magistrate’s Court or High Court before the estate is finally distributed. After distribution, the claimant’s recourse against the estate is largely closed off.

Do I need an attorney to lodge a claim against a deceased estate?

Not for a simple, documented debt — a sworn declaration of claim with supporting documents can be lodged directly with the executor. An attorney is recommended where the claim is disputed, where the claim is for maintenance, where there are competing claims of priority, or where the executor has rejected the claim and escalation is required.

If you have a claim against a deceased estate and need help preparing and lodging the sworn declaration of claim, or if your claim has been rejected by the executor and you need to escalate to the Master or the High Court, Burger Huyser Attorneys’ Wills & Estates team can assist. The firm has a Deceased Estate Administrator on staff (Lance Pearson) and practises from its head office at 49 First Avenue, Linden, Randburg, 2195 (011 888 0246), with branches across Gauteng. The firm handles deceased estate work for clients connected to estates in Johannesburg, Pretoria, and the broader Gauteng region. Bring your claim documents, any contract or invoice evidencing the debt, and any correspondence from the executor to the first consultation.