How Long Do You Have to Claim Against a Deceased Estate in South Africa?

A claim against a deceased estate must be lodged with the Master of the High Court within the period specified in the Master’s notice to creditors, which is published in the Government Gazette and in a local newspaper once the executor has been appointed (typically 30 days from publication, but the Master can set a longer or shorter period depending on the size and complexity of the estate). If you miss that deadline, you can still file a late claim under section 29 of the Administration of Estates Act 66 of 1965, but only with the executor’s written consent or with leave of the High Court granted on application. Separately, the Liquidation and Distribution Account must lie for inspection at the Master’s office for at least 21 days before the executor can proceed with distribution — objections to the L&D Account must be lodged within that inspection period.

The Statutory Time Limit: Section 29 of the Administration of Estates Act 66 of 1965

Section 29 of the Administration of Estates Act 66 of 1965 is the controlling provision for creditors’ claims against a deceased estate — both the initial filing deadline and the rules for late claims. The operative deadline is the date stated in the Master’s notice to creditors, which is issued once the executor has been appointed and the estate file is open. The deadline applies to both secured and unsecured creditors, although secured creditors retain the underlying right to enforce their security after the estate is wound up.

The Master’s notice typically fixes a 30-day period from publication in the Government Gazette, but the Master has discretion to extend or shorten that period depending on the size, complexity, and asset profile of the estate. A creditor who relies on a default 30-day window without checking the actual notice runs the risk of being out of time.

How the Master’s Notice to Creditors Works

Once the executor (or the Master’s representative, where the Master is administering the estate) has been appointed, the executor causes a notice to creditors to be published in the Government Gazette and in a local newspaper circulating in the district where the deceased was ordinarily resident at the date of death. That notice sets out the deadline by which creditors must lodge their claims. The Department of Justice and Constitutional Development publishes the prescribed notice template and the Master/Deceased Estates portal entry point at the Master/Deceased Estates portal.

A creditor’s claim must be lodged on the Master’s prescribed form, supported by an affidavit or solemn declaration setting out:

• The nature and amount of the debt
• The supporting documents (invoices, statements, loan agreements, court orders)
• Identification of the estate and the deceased

Claims are lodged at the Master’s office for the relevant provincial seat of the High Court. In Gauteng, this is either the Johannesburg or Pretoria seat, depending on the deceased’s last ordinary residence and the magisterial district in which the deceased lived.

Required Documents at a Glance

Document	Purpose
Master’s prescribed claim form (current version)	Formal lodgement with the Master’s office
Affidavit or solemn declaration	Sets out the nature and amount of the debt
Invoices, statements, or loan agreements	Proof that the debt is owed
Court orders (where applicable)	Confirms a judgment debt reduced to order before the death
Certified copies of supporting documents	Required for filing with the Master’s office

What Happens if You Miss the Master’s Deadline

A creditor who has missed the Master’s deadline is not out of options. Section 29 of the Act expressly provides for late claims, but on stricter terms. A late claim may be lodged only if either:

1. The executor gives written consent to the late claim — most commonly after the executor has reviewed the claim and is satisfied it is legitimate and the estate has sufficient assets to pay it, OR
2. The creditor obtains leave of the High Court to file the claim out of time — a formal opposed application supported by an affidavit explaining the delay and why the claim should be entertained.

Without executor consent or a court order, the executor is entitled to reject the claim, prepare the Liquidation and Distribution Account without making provision for it, and proceed to distribute the estate to the heirs. Court applications under section 29 are typically brought on notice to the executor and to any co-creditors whose position may be affected, and are set down on the opposed motion roll.

Secured Creditors (Mortgage Bonds over Estate Property)

A creditor holding a registered mortgage bond over immovable property in the estate occupies a stronger position than an unsecured creditor. The secured creditor’s underlying right to enforce the bond against the bonded property survives the estate winding-up and is not extinguished by the Master’s deadline.

In practice, the secured creditor should still lodge a claim with the Master so that the debt is reflected in the L&D Account. From there, the secured creditor either receives payment from the estate if there are sufficient free assets, or takes steps to enforce the bond against the bonded property after distribution. The Master’s process for secured creditors is administratively faster than for unsecured creditors because the security crystallises outside the L&D Account.

Claims That Are Settled Outside the Master’s Notice Period

Certain statutory claims do not need to be lodged with the Master at all to be enforceable against the estate — including estate duty assessed by SARS, income tax assessed on the deceased’s final return, and other amounts that the Master is required to settle in priority under the Act. These amounts are settled by the executor in the sequence set out in section 35 of the Act read with the relevant provisions of the Insolvency Act, and they rank ahead of unsecured creditors’ claims.

A creditor should not assume the Master’s notice deadline is the only time-bar that matters — some categories of claim (for example, arrear maintenance reduced to a court order before the deceased’s death) follow their own enforcement routes.

The Liquidation and Distribution Account and the 21-Day Inspection Period

Once the executor has collected the assets and dealt with the creditors’ claims, the executor must prepare a Liquidation and Distribution Account (the “L&D Account”) — a written account of the assets, liabilities, and proposed distribution to heirs.

Stage	Timeframe / Effect
L&D Account lies for inspection at the Master’s office	At least 21 days
Written notice of inspection period to heirs and creditors	Given by the executor
Objections lodged in writing with the Master	Within the 21-day inspection period
Master’s decision on objection	Uphold, refer back to executor, or refuse and approve
Distribution by executor	Only after 21 days have run and any objection is disposed of

Objecting to the L&D Account is a separate and distinct right from lodging a creditor’s claim — the objection is about the executor’s proposed distribution, the values placed on assets, or the order in which creditors are paid, not about whether a debt exists.

Inter-Heir Disputes: Where the Claim Sits in the Estate

Not every dispute about a deceased estate is a creditor-claim dispute — sometimes the claim is between heirs, for example where one heir made a loan to the deceased during the deceased’s lifetime and is now seeking repayment from that heir’s share of the inheritance. Inter-heir claims are typically dealt with in the L&D Account or, if disputed, by way of a separate claim process under section 47 of the Administration of Estates Act. The time limits and procedural routes for inter-heir disputes differ from the section 29 creditor-claim route, and a deceased-estates attorney should advise which section applies before any court process is started.

Practical Considerations: Cost, Timing, and What to Prepare

Two practical considerations matter most when weighing whether to chase a late claim:

• Cost and timing difference between the two routes. Executor consent is the cheaper, faster path. A section 29 court application typically runs into several months on the opposed motion roll and involves attorney-and-client costs.
• What to prepare regardless of the route. Proof of the debt (invoices, statements, loan agreements, court orders), an affidavit or solemn declaration setting out the nature and amount of the debt, certified copies of supporting documents, and the Master’s prescribed claim form.

If you are aware of a death in the family and think you may be a creditor, the practical step is to monitor the Government Gazette for the Master’s notice rather than wait for the executor to contact you directly.

Filing a Claim in Gauteng: Johannesburg and Pretoria Master’s Offices

Need advice on a late claim against a deceased estate? If you are a creditor who has missed the Master’s deadline and need advice on whether to approach the executor for consent or to launch a section 29 application in the Gauteng Division, or if you are an executor responding to a late claim and need a procedural view, Burger Huyser Attorneys’ Wills and Estates practice can take the file. Instructions are received through the head office at 49 First Avenue, Linden, Randburg (011 888 0246), with branches across Gauteng including Roodepoort (011 668 0030), Sandton (011 253 3080), Pretoria/Menlyn (012 471 5700), and Centurion (012 644 4990). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).

Frequently Asked Questions

What is the time limit to claim against a deceased estate in South Africa?

The time limit is set by the Master of the High Court in the notice to creditors, which is published in the Government Gazette (and in a local newspaper circulating in the district where the deceased was ordinarily resident) once the executor has been appointed. The Master’s notice typically fixes a 30-day period from publication, but the Master has discretion to extend or shorten that period depending on the size and complexity of the estate. The deadline applies to all unsecured creditors, and a claim lodged after the deadline is unenforceable unless the executor consents or the High Court grants leave under section 29.

What happens if I file a claim after the Master’s deadline has passed?

You can still file a late claim, but only with the executor’s written consent or with leave of the High Court granted under section 29 of the Administration of Estates Act 66 of 1965. Without consent or a court order, the executor is entitled to prepare the Liquidation and Distribution Account without making provision for your claim and to distribute the estate to the heirs, and your claim is effectively extinguished as a creditor claim against the estate.

Does the Master’s notice also apply to secured creditors with a mortgage bond over estate property?

The notice process applies to all creditors, but a secured creditor (one who holds a registered mortgage bond over an immovable property in the estate) still has the underlying right to enforce the bond against the bonded asset after the estate has been wound up. The secured creditor should still lodge a claim with the Master to establish the debt, but the security itself is not extinguished by the deadline in the same way as an unsecured claim.

How long does the Liquidation and Distribution Account lie for inspection?

At least 21 days at the Master’s office. During that period any heir or creditor named in the L&D Account can lodge a written objection with the Master. Once the 21 days have run (and any objection has been disposed of), the Master can approve the L&D Account and the executor can proceed to distribute the estate.

Can I claim against an heir’s share in the estate rather than against the estate itself?

That depends on the nature of the claim. If the dispute is between heirs (for example, a loan one heir made to the deceased during the deceased’s lifetime), it is not a section 29 creditor claim and is typically dealt with under a different section of the Administration of Estates Act. A deceased-estates attorney should advise which section applies to your position before any court process is started.

How do I file a creditor claim with the Master of the High Court in Gauteng?

File the claim with the Master at the relevant provincial seat (Johannesburg or Pretoria for Gauteng estates), using the Master’s prescribed claim form and supported by an affidavit or solemn declaration setting out the nature and amount of the debt and the documents that support it. The Master publishes the prescribed form and current filing fees on its portal — confirm the current fee and any recent form changes before lodging.