How to Lodge a Claim Against a Deceased Estate in South Africa?

To lodge a claim against a deceased estate in South Africa, a creditor serves a written claim on the appointed executor once the Master of the High Court has authorised the publication of a creditor notice under section 35 of the Administration of Estates Act 66 of 1965. The Master’s standard direction gives creditors at least 30 days from the date of publication to lodge, after which the executor investigates each claim and includes valid ones in the Liquidation and Distribution (L&D) Account filed at the Master’s office for inspection. Late claims can be admitted at the Master’s discretion under section 33 of the Act, but lodgement after the L&D Account has been confirmed triggers a redistribution process and the creditor generally loses priority. Burger Huyser Attorneys assists creditors, dependants and heirs with the claim process through its Wills & Estates practice, with a dedicated Deceased Estate Administrator (Lance Pearson) coordinating files at the firm’s Linden, Randburg head office.

The Legal Framework: The Administration of Estates Act 66 of 1965

The Administration of Estates Act 66 of 1965 is the primary statute governing deceased estate administration in South Africa and is the controlling reference for every step of the claim process. The Master of the High Court exercises jurisdiction over estate administration across the listed provincial seats, including Pretoria, Johannesburg, Cape Town, Durban and Bloemfontein, and the Master’s Directions and standing practice circulars supply the prescribed claim forms and procedural templates that creditors must use.

The relevant statutory sections for a creditor lodgement are:

Section	Function	Practical effect for a lodgement
Section 9	Authority of the appointed executor (or curator)	Confirms who has the legal capacity to accept service of creditor claims on behalf of the estate.
Section 29	Master’s supervisory powers over the executor	Allows the Master to investigate a claim refusal and, in appropriate cases, direct the executor to admit or reject a debt.
Section 35	Publication of creditor notices and lodgement mechanism	Triggers a creditor’s right to lodge once the Master has directed the executor to publish the notice — opens the lodgement window.
Section 33	Master’s discretion to admit late claims	Permits lodgement outside the published window where good cause is shown, but only before the L&D Account has been confirmed.

Together, these sections define the rights and remedies of every party who has a financial interest in the estate. The lodgement pathway under section 35 is the starting point for ordinary creditors, while dependants and special-category claimants have additional, parallel routes discussed below.

Who Can Lodge a Claim Against a Deceased Estate

The Administration of Estates Act draws a distinction between secured and unsecured creditors, and provides separate procedures for dependants, heirs and statutory bodies. The categories of party who may lodge a claim against a deceased estate in South Africa are:

• Secured creditors — bondholders over the deceased’s immovable property, vehicle finance houses with registered notarial bonds, and any creditor with a registered security interest that survives the death.
• Unsecured creditors — trade suppliers, credit card issuers, medical aid schemes, unpaid lenders, and any natural person owed a debt that survives the death.
• Dependants and maintenance claimants — under section 72A of the Maintenance Act 99 of 1998, read with the definition of “dependant” in section 1 of that Act, with a separate procedural route that survives the closing of the standard creditor window.
• Spouses and heirs — for return of accrual claims under the Marriage Act and Divorce Act framework, for settlement of a joint estate share, or where the L&D Account does not reflect an heir’s interest.
• SARS — for outstanding income tax, capital gains tax at death, and any estate duty assessed under the Estate Duty Act 45 of 1955, processed through the executor’s estate duty return rather than by way of a section 35 creditor claim.
• Compensation funds and statutory bodies — the Road Accident Fund (RAF) where the deceased was a claimant, the Compensation Fund under the Compensation for Occupational Injuries and Diseases Act, and similar bodies, each with their own lodgement routes running alongside the section 35 mechanism.

The Lodgement Process, Step by Step

The procedure below is the standard route for an ordinary creditor claim. The process is administrative in nature, but each step is a discrete legal event with consequences if missed.

1. Confirm the estate has been opened. Confirm the deceased’s identity and that an estate has been opened at the Master’s office for the deceased’s last domiciled district (Pretoria, Johannesburg, Cape Town, Durban, Bloemfontein or another listed seat).
2. Identify the appointed executor. The executor is the person named in the deceased’s valid will, or the person appointed by the Master where the deceased died intestate under the Intestate Succession Act 81 of 1987.
3. Wait for the section 35 notice. Wait for the Master’s appointment of the executor and the Master’s direction to publish a creditor notice under section 35 of the Administration of Estates Act 66 of 1965. Claims lodged before publication are premature and may not be entertained.
4. Prepare the claim on the prescribed form. Prepare a written claim on the Master’s prescribed form, attaching the supporting documents that prove the basis of the debt.
5. Serve the claim on the executor. Serve the claim on the executor at the executor’s address for service set out in the published creditor notice, within the Master’s directed lodgement window (at least 30 days from publication under standard Master’s practice).
6. Cooperate with the executor’s investigation. Supply additional information on request and respond to any query sheet the executor issues within the time given.
7. Review the draft L&D Account. Wait for the executor’s draft Liquidation and Distribution (L&D) Account and review the draft when filed at the Master’s office for inspection.
8. Lodge a formal objection if dissatisfied. If dissatisfied with the draft L&D Account, lodge a formal objection at the Master’s office before the L&D Account is confirmed and distribution proceeds.

Time Limits and the Master’s Published Direction

The Master’s standing practice sets the minimum published lodgement window at at least 30 days from the date of publication, confirmed across multiple Master’s seats as the routine creditor window. The Master can direct a longer period in complex estates — for example, where the estate includes a business interest, cross-border assets, or a pending litigation file — but cannot shorten the statutory minimum.

The key dates and periods in the lodgement cycle are:

Event	Trigger	Statutory minimum
Creditor lodgement window opens	Publication of the section 35 creditor notice	—
Minimum lodgement window for creditors	Date of publication	At least 30 days
L&D Account inspection period	Date the L&D Account is filed at the Master’s office	At least 14 days
Window for Master’s discretion to admit late claims	Section 33 of the Act	Closes when the L&D Account is confirmed

The creditor notice runs in a newspaper, or in the Government Gazette where the Master has so directed, and at the deceased’s last known address. Once the window closes, the executor begins preparing the L&D Account and the Master’s office schedules an inspection period of at least 14 days during which creditors and heirs can object. Once the L&D Account has been confirmed by the Master (that is, no objections have been upheld), distribution can proceed and the lodgement pathway closes for ordinary creditors.

Required Documents: The Prescribed Claim Form and What to Attach

A valid lodgement is built on the Master’s prescribed form and the documents that prove the underlying debt. The following documents are typically required:

• Master’s prescribed claim form — the standard template published on the relevant Master’s office site or available from the Master’s file counter. The form requests creditor details, the basis of the claim, the amount claimed, and supporting security particulars.
• Statement of account — a current statement showing the balance due as at date of death, with the transactional history that supports the debt.
• Original agreement, invoice, or acknowledgement of debt — the document that proves the basis of the claim. For older debts, secondary evidence may be required where the original has been lost.
• Security documentation — bond registration, notarial bond, or cession where the claim is secured, with current values disclosed.
• Dependants’ support schedules for maintenance-style claims, with corroborating medical, school, or financial-affidavit evidence.
• Copy of death certificate — typically already on the Master’s file, but useful to confirm the file reference and the executor’s record of lodgement.

Where a document is missing or unsound, the executor may issue a query sheet asking for further particulars before deciding whether to admit the claim. Responding to a query sheet promptly and substantively is the most reliable way to keep the claim on the draft L&D Account.

Late Claims, Disputed Claims and Common Mistakes

The lodgement pathway anticipates most contingencies, but the consequences of getting it wrong are real. The following points cover the most common problem scenarios:

• Late lodgement before L&D Account confirmation — the Master has discretion under section 33 of the Act to admit claims late if good cause is shown, but the executor’s investigation process is repeated for the late claim, delaying distribution.
• Late lodgement after L&D Account confirmation — triggers a redistribution process under the Master’s direction, with the costs of redistribution reducing the estate’s residual value to all beneficiaries.
• Executor rejection of the claim — the executor must give written reasons. The creditor can approach the Master to investigate the refusal, or, on disputed facts, issue summons against the estate for a declaration of the debt.
• Common mistakes — lodging before the section 35 notice has been published; missing supporting documentation for older debts; sending the claim to the Master’s office rather than the executor’s appointed address; treating the section 35 window as the only lodgement window (it is not — see the special categories below); failing to respond to the executor’s information requests within the time given.

Each of these pitfalls can be avoided with a structured approach to the process. Burger Huyser Attorneys’ Wills & Estates practice handles this kind of work as a daily file, with a dedicated Deceased Estate Administrator (Lance Pearson) coordinating with the Master’s office and the appointed executor to keep lodgements on track.

Special Categories of Claim (Maintenance, Dependants, and Tax)

Some claimants do not fit neatly into the standard section 35 procedure. The Administration of Estates Act, the Maintenance Act, the Intestate Succession Act and the Estate Duty Act each provide distinct procedural routes for these categories:

Category	Statutory basis	Procedural route
Maintenance claims	Maintenance Act 99 of 1998 (section 1, section 72A)	Dependants can lodge a maintenance claim even after the standard creditor window has closed; treated separately from ordinary unsecured creditors.
Dependants’ claims against the estate	Intestate Succession Act 81 of 1987 (section 2)	Dependants left inadequately provided for in a will can approach a Court for a reasonable provision order, regardless of the will’s terms.
SARS estate duty	Estate Duty Act 45 of 1955 (section 6 abatement)	Assessed separately; the executor deals with SARS through the estate duty return (Form IT267 in current SARS practice), not as a section 35 creditor claim.
Road Accident Fund claims	RAF Act administrative framework	Claims in which the deceased was a claimant survive the death and are processed under the RAF’s own framework, not the section 35 lodgement pathway.

These categories overlap, and a single creditor may have parallel rights under more than one statute. For example, a spouse of the deceased may have a dependants’ provision claim under the Intestate Succession Act, an accrual claim under the Divorce Act framework, and a creditor claim for a household debt.

After Your Claim Is Lodged: The L&D Account and Distribution

Once the claim is in the executor’s hands, the following sequence runs to the closure of the estate:

1. The executor reviews the claim and supporting documents, may issue a query sheet, and either admits or rejects the claim with written reasons.
2. Admitted claims are included in the executor’s draft Liquidation and Distribution (L&D) Account, which is filed at the Master’s office for inspection.
3. The Master’s office schedules an inspection period of at least 14 days during which creditors and heirs may inspect the draft and lodge objections.
4. If no objection is upheld, the Master confirms the L&D Account and the executor proceeds to distribute the estate in accordance with it.
5. A confirmed L&D Account, distribution, and Master’s discharge of the executor close the estate. Late creditor claims after this point are difficult to pursue against heirs except in narrow circumstances.

The end-to-end timeline from the section 35 publication to a confirmed L&D Account can run from several months to over a year, depending on the size of the estate, the number of claims, the resolution of any objections, and the Master’s seat in question. Heirs and creditors who track the file at the Master’s office and respond promptly to query sheets materially shorten the process.

Where to Lodge and How Burger Huyser Fits Into the Process

For most creditor lodgements the path does not run through the High Court in the same way that an admission application or a contested divorce does — it runs through the Master of the High Court and the appointed executor. The Master sits in seats across the country, including Pretoria, Johannesburg, Cape Town, Durban, Bloemfontein and Pietermaritzburg, and the relevant seat for a creditor is the one that authorised the publication of the section 35 creditor notice for the specific estate. Confusion between the magistrate’s court (which has no jurisdiction over deceased estate administration) and the Master’s office sometimes leads creditors to lodge their claim in the wrong venue, which is administratively harmless but loses weeks of the lodgement window.

Where an executor has been appointed, the executor’s address for service — typically the firm of attorneys acting as executor, or the deceased’s appointed family member — is the correct lodgement address, and this is set out in the published creditor notice. Where no executor has yet been appointed because the estate has not been reported, the creditor should lodge at the Master’s office for the deceased’s last domiciled district with a note of any file reference available, and the Master’s office will route the claim to the executor when appointed.

Burger Huyser Attorneys administers deceased estates through its Wills & Estates practice from the Linden, Randburg head office at 49 First Avenue (011 888 0246), with a dedicated Deceased Estate Administrator (Lance Pearson) coordinating the working file with the appointed executor and the Master’s office. The firm’s Pretoria (Menlyn), Centurion, Bedfordview, Alberton, Roodepoort, Sandton, Midrand and Randfontein Debt Collection branches can each take instructions on estate-related claims where the estate has a local connection, and the head office acts as the single point of coordination across the practice.

For ordinary creditor lodgements the process is administrative and a lawyer is not strictly needed, but for disputed claims, executor rejections, dependants’ reasonable provision applications, or any estate where the L&D Account does not reflect the creditor’s interest, an attorney’s input materially improves the outcome. Burger Huyser Attorneys’ Wills & Estates practice handles claim lodgements, executor challenges and dependants’ provision work across Gauteng, with a dedicated Deceased Estate Administrator (Lance Pearson) at the Linden, Randburg head office (49 First Avenue, 011 888 0246). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and accepts instructions from any of its nine Gauteng branches — call the head office or your nearest branch for an initial conversation about the estate.

Frequently Asked Questions

How long after the Master’s notice is published do I have to lodge a claim?

The Master’s standard direction gives creditors at least 30 days from the date of publication to lodge, with the exact period set out in the published creditor notice. Missing the deadline does not extinguish the claim, but lodgement after the L&D Account has been confirmed by the Master triggers a redistribution cycle and the creditor generally loses priority for unsecured amounts, which makes timely lodgement materially cheaper than late lodgement.

Where do I lodge the claim — with the executor or with the Master?

Lodge the claim with the appointed executor at the executor’s address for service set out in the creditor notice. The Master’s office does not act as a post-box for ordinary creditor claims — the executor is the statutory address for lodgement. If no executor has yet been appointed (typically because the estate has not been reported), lodge the claim at the Master’s office for the deceased’s last domiciled district with a note of the file reference if known, and the Master’s office will route the claim when an executor is appointed.

Can a maintenance claimant lodge after the 30-day deadline?

Yes, dependants as defined in section 1 of the Maintenance Act 99 of 1998 can lodge a maintenance claim against a deceased estate even after the standard creditor window has closed, and the claim is treated separately from ordinary unsecured creditors. Timely lodgement is still advisable because distribution of the residuary estate before the maintenance claim is finalised limits the assets available to meet it.

What happens if my claim is rejected by the executor?

The executor must give written reasons for rejection. The creditor may approach the Master to investigate the executor’s refusal, or on disputed factual grounds issue summons against the estate for a declaration of the debt, both of which trigger further process and cost. It is usually cheaper and quicker to engage the executor with the underlying documentation in the first place so rejection becomes a manageable event rather than an end-state.

Will SARS come after the estate for tax?

Yes — estate duty under the Estate Duty Act 45 of 1955 is assessed on the dutiable value of the estate, with the abatement in section 6 of that Act applied at date of death. SARS does not lodge a section 35 creditor claim as such; the executor deals with SARS through the estate duty return (Form IT267 in current SARS practice) and the Master’s file, before the L&D Account can be confirmed.

Do I need a lawyer to lodge a claim against a deceased estate?

For ordinary creditor lodgements (the prescribed claim form, supporting documents, attaching to the executor’s file) a creditor typically does not need to engage an attorney, and the lodging process is administrative. A lawyer becomes essential where the claim is disputed, the executor has rejected it, the estate has multiple competing claimants to the same asset, the claimant is a dependant applying for reasonable provision under section 2 of the Intestate Succession Act, or the claim involves cross-border assets or a business interest — these scenarios benefit from procedural advice and affidavit drafting.