DECEASED ESTATES LAWYERS IN JOHANNESBURG
WHAT IS A DECEASED ESTATE?
Where a person passes away and they have left behind any assets and money to their name, a deceased estate comes into existence. If the deceased left behind a will, their estate will be administered in accordance with the will. If the deceased died without a will, their estate will be administered in terms of the Intestate Succession Act.
WHAT ARE THE STEPS REQUIRED IN REPORTING A DECEASED ESTATE IN SOUTH AFRICA?
STEP 1:
- If the deceased executed a Will before passing their estate will be administered Regulated by the Administration of Wills Act
- If the deceased passed away without a Will their estate will be administered Regulated by the Intestate Succession Act
STEP 2:
REPORTING THE DECEASED ESTATE
- Deceased estates must be reported within 14 (fourteen days) of the date of death.
- The deceased estate must be reported to the Master’s office within the jurisdiction that the deceased lived in
- The estate must be reported by the Executor of the estate.
- The Executor of an estate can appoint an agent such as a law firm to assist in the reporting of an estate.
STEP 3:
APPOINTMENT OF AN EXECUTOR
WHO CAN BE AN EXECUTOR:
- A person can appoint an executor in terms of their Will.
- Where a person dies without a Will the heirs to the estate may nominate someone to the executor of the deceased estate.
- A nomination form must be completed by the heirs of the estate.
- An attorney can be nominated to be the Executor of a deceased estate. The attorney can be nominated in terms of a will or by the heirs to a deceased estate if the deceased died without a will.
- A family member can be appointed as the Executor and be assisted by an attorney who will act on behalf of the executors an agent
FUNCTION OF THE EXECUTOR:
- Settle the liabilities of deceased
- Open a bank account for the deceased estate
- Close the deceased bank accounts
- Collect the assets for the deceased estate
- Distribute the estate in accordance with the Will.
- Distribute in terms of the Intestate Succession Act.
- Making payments toward creditors.
- Sell or transfer the deceased’s property.
STEP 4:
Letter of Authority vs Letter of Executorship
- DECEASED ESTATE LESS THAN R250 000.00 (Two hundred and fifty thousand rand) = LETTER OF AUTHORITY
- DECEASED ESTATE TO THE VALUE OF R250 000.00 (Two hundred and fifty thousand rand or more = LETTER OF EXECUTORSHIP
STEP 5:
REPORTING DOCUMENTS
All estates regardless of their value needs to be reported.
All estates regardless of their value are required to complete the list of reporting documents below:
- Nomination Form;
- Next of Kin Affidavit;
- Acceptance of Trust as Executor;
- Death Notice;
- A Declaration of Marriage by the Surviving Spouse indicating how the deceased was married
- Inventory Form; Declaration confirming that the estate has not already been reported to another Master’s office or Service Point of the Master;
STEP 6:
DOCUMENTS THAT WE REQUIRE:
- Original Death Certificate;
- Identity Document for the deceased;
- Marriage Certificate if the deceased was married;
- The Will and Codicils left by the deceased;
- Proof of a customary marriage or registration of a customary marriage
- Declaration confirming the existence of a same-sex life partnership;
- List of deceased’s assets and liabilities (creditors);
- Certified Copy of the executors identity document;
- Signed Nomination form.
STEP 7:
LETTER OF EXECUTORSHIP
For further assistance with the procedures that follow after a Letter Of Executorship kindly contact our offices.
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Choose Burger Huyser Estate Attorneys as we have gained vast experience in dealing with the administration of deceased estates in South Africa over the years. We pride ourselves on delivering a discreet and confidential service, whilst gently guiding you through the often challenging waters of family related legal matters.
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