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:

  1. If the deceased executed a Will before passing their estate will be administered Regulated by the Administration of Wills Act
  2. 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.
deceased estates

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

  1. DECEASED ESTATE LESS THAN R250 000.00 (Two hundred and fifty thousand rand) = LETTER OF AUTHORITY
  2. 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:

  1. Nomination Form;
  2. Next of Kin Affidavit;
  3. Acceptance of Trust as Executor;
  4. Death Notice;
  5. A Declaration of Marriage by the Surviving Spouse indicating how the deceased was married
  6. 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.

ADMINISTRATION OF A DECEASED ESTATE

NEED TO CONSULT WITH OUR DECEASED ESTATE LAWYERS IN JOHANNESBURG?
CONTACT OUR ESTATE ATTORNEYS TODAY.

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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