Deceased estate attorneys in Durban, Phoenix and across South Africa

A deceased estate should generally be reported to the Master of the High Court within 14 days of the date of death. Start gathering the original will, death certificate, identity, marriage, family, asset and liability information immediately, even if every document is not yet available.

The correct Master’s Office is determined by the deceased’s circumstances and the applicable jurisdictional rules. An estate should not be reported to an office merely because it is convenient for a family member. The reporting pack and place of reporting should be checked before lodgement.

Common requirements include the death notice, death certificate, original will and codicils, next-of-kin affidavit where applicable, inventory, marriage documents, identity documents, nominated executor or representative documents and an acceptance of trust. The Master may require additional documents for the particular estate.

Current Master guidance describes the section 18(3) letters-of-authority route for estates with a gross value below R250,000 and the full letters-of-executorship process for estates exceeding R250,000. The Master determines the appointment route. If the estate value is exactly or close to the threshold, confirm the current requirement before assuming which appointment document will issue.

The estate must still be reported and administered. If there is no valid will, inheritance is determined under the law of intestate succession. Family members cannot simply agree that the assets should pass to whoever they prefer without following the proper process.

There is no reliable single timeframe for every estate. Timing depends on the appointment, completeness of records, Master’s Office queries, creditor and tax processes, valuations, property, the liquidation and distribution account, objections and disputes. A straightforward estate may still take months; a complex or disputed estate can take materially longer.

No one should assume a right to use, sell, transfer or distribute estate assets before the appropriate authority has been issued and the administration permits it. Necessary preservation and funeral arrangements are different from treating estate property as personal property.

Property may be transferred to an heir or sold, depending on the will, succession rights, estate liquidity, the executor’s authority, the estate account and the Master’s requirements. A conveyancer completes the property transfer, working from the estate and appointment documents.

A minor’s inheritance cannot simply be paid or transferred as though the child were an adult. The will, type of asset and applicable legal arrangements determine whether the benefit is held in a testamentary trust, paid to the Guardian’s Fund or dealt with through another lawful mechanism.

The result depends on the wording of the will, the relationship, substitution provisions and the applicable succession law. The benefit does not automatically pass to a relative chosen informally by the family.

Where the will does not fix the executor’s remuneration, the prescribed tariff is 3.5% of the gross value of estate assets and 6% of income accrued and collected after death, subject to the Administration of Estates Act, the regulations and the Master’s powers. The prescribed minimum remuneration is R350. VAT may apply where relevant. If the will fixes remuneration, that provision must also be considered.

Ask for the estate number and a copy of the appointment letters, then independently confirm the appointment with the relevant Master’s Office through its official Department of Justice contact channels. Verify unexpected requests to change bank details separately before paying or signing anything. A forwarded document alone should not be treated as conclusive proof of authority.

The route depends on whether the person is only nominated or has already been appointed, the reason they cannot continue and whether there is misconduct, conflict, delay or incapacity. Resignation, substitution and removal have different requirements and the Master’s file and handover must be addressed.