The short answer
What is the difference?
A Letter of Authority appoints a Master’s Representative to administer a qualifying smaller deceased estate under section 18(3) of the Administration of Estates Act 66 of 1965. A Letter of Executorship appoints an executor and is used for estates that must follow the fuller statutory administration process.
The Department of Justice currently states that an estate exceeding R250,000 requires Letters of Executorship and the full process. Where the estate is below R250,000, the Master may dispense with Letters of Executorship and issue Letters of Authority. The Master’s own FAQ uses slightly different wording around the exact R250,000 boundary, so an estate at or very close to the threshold should be confirmed with the Master rather than classified by assumption.
What authority does a nomination in a will give?
Being named as executor in a will is a nomination. It does not by itself give authority to transact on behalf of the estate. The nominated person still has to report the estate and obtain the appointment issued by the Master.
Before appointment, family members and nominated executors should avoid treating estate property as their own. Bank accounts, vehicles, investments, property and other assets form part of the estate administration and cannot simply be distributed informally.
When are Letters of Authority used?
Where the Master applies section 18(3), a Master’s Representative is appointed to administer the estate. The process is generally simpler than the full executorship procedure, but the representative remains accountable for administering the estate according to the will or, if there is no valid will, the law of intestate succession.
Justice Department guidance says the representative does not ordinarily have to lodge the same liquidation and distribution account required in a full estate, unless the Master calls for an account. The representative’s powers come from the Letter of Authority itself and the applicable law.
When are Letters of Executorship required?
For estates requiring the full process, the Master considers the appointment of an executor and issues Letters of Executorship once the appointment requirements are satisfied. The executor must then administer the estate under the Administration of Estates Act.
That ordinarily includes identifying and controlling estate assets, dealing with creditors, attending to tax and liquidity, preparing the liquidation and distribution account, resolving Master’s queries or objections, transferring property where necessary and distributing the estate when authorised.
What documents are usually needed?
The reporting documents differ according to the estate and appointment route. Justice Department guidance identifies documents that commonly include:
- the completed Death Notice;
- death certificate;
- marriage or relationship documentation where applicable;
- the original will and codicils, if any;
- next-of-kin information where required;
- an inventory reflecting the estate assets and values;
- nomination and acceptance documents for the proposed appointee; and
- security documentation or an applicable exemption where required.
The exact pack should be checked against the estate. Missing asset values, inconsistent names, uncertainty about the marriage position, an unavailable original will or incomplete nominations can delay appointment.
How long does it take to get the appointment?
There is no single statutory processing time that applies to every estate. The Master first opens and examines the file, considers the will where applicable and checks the appointment documents. Delays can result from incomplete forms, missing valuations, family disputes, nomination issues, security requirements or queries from the examiner.
Instead of relying on a generic “two weeks” or “six weeks” promise, check whether the estate has actually been reported, whether the correct Master’s Office has jurisdiction, whether the reporting pack is complete and whether any query is outstanding.
What if somebody else is already appointed?
An existing appointment does not prevent the executor or representative from obtaining professional assistance. Our executor-assistance service can support an appointee with the administration work.
If the concern is that the appointed person should resign, be substituted or be removed, the route depends on whether the person is merely nominated or already formally appointed, why the change is sought, whether there has been delay, conflict or misconduct, and what the Master or court process requires. See our estate-disputes service for disputed appointments and administration.
What happens after the appointment?
The appointment is the beginning of administration, not the end. The person appointed must establish the estate position, deal with debts and claims, identify beneficiaries and ultimately distribute assets lawfully. Property may also require a linked conveyancing transfer.
For the full sequence from death to distribution, use our detailed deceased-estate administration guide and service page.