What Is The Process For Reporting A Deceased Estate In South Africa?

There are several steps involved in reporting and finalising a deceased estate in South Africa. The estate of a deceased person must be reported to the Master of the High Court within 14 days of the date of death.

  1. Obtain All Necessary Documents

Copies of all necessary documents relating to a deceased estate must be obtained, including bank statements, account statements, title deeds, life insurance policies, etc. The nominated executor of the deceased estate must see to the following:

  • They must obtain the original Death Certificate.
  • If there is an existing will, they must obtain the original document.

  1. Reporting The Deceased Estate

An initial consultation will be held between the nominated executor and your attorney to obtain the required documentation and information needed to report the estate and have the executor legally appointed by the Master of the High Court. The following documents must be prepared before the estate can be reported to the Master of the High Court:

  • Death Notice
  • Acceptance of Trust as Executor
  • Next of Kin Affidavit (where applicable)
  • Section 9 Inventory

  1. Letter Of Executorship

Once the required documents have been lodged with the Master of the High Court, the executor will be formally appointed and granted the authority to administer the estate.

  1. Notice To Creditors

A Notice to Creditors should then be published in the Government Gazette as well as a local newspaper in the area where the deceased was an ordinary resident at the time of their passing. These notifications can only be published after the Letter of Executorship has been issued by the Master.

  1. Liquidation & Distribution Account

When the 30-day notice period to creditors expires, the Liquidation & Distribution Account will be created by your attorney, providing the details of all the deceased’s assets and liabilities.

  1. Inspection Period For Liquidation & Distribution Account

After that, the executor has the responsibility to confirm the information of the Liquidation & Distribution Account, allowing the attorney to file the First and Final Liquidation & Distribution Account with the Master for consent. The Notice of Inspection will then be published in the Government Gazette and the same local paper previously used. The First and Final Liquidation & Distribution Account will lie with the Master for 21 days to allow for any possible objections.

  1. Master’s Fee & Estate Duty Return

During the inspection period, your attorney will pay the Master’s Fee and submit the Estate Duty Return to SARS. SARS will then issue a compliance certificate for every property in the estate.

  1. Distribution To Heirs And Payments To Creditors

If the Master accepts the Liquidation & Distribution Account, and if there are no objections lodged against the estate within the 21-day period, your attorney will see to the distribution of the estate according to the terms set out in the First and Final Liquidation & Distribution Account, which includes:

A SARS Compliance Certificate needs to be furnished before distribution after the 21 days have elapsed.

  1. Obtain The Filing Slip

Once the administration of the deceased estate is complete, the Master of the High Court must be furnished with proof that all assets have been distributed and all creditors paid. The Master will then issue a filing slip, deeming the estate finalised. After that, the duties of the executor are discharged.

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PM Attorneys’ deceased estate experts employ a formidable litigation team with extensive experience in dealing with the reporting of deceased estates, deceased estate claims, disputes and legal advice on deceased estates. Be sure to entrust your deceased estate matters to our deceased estate lawyers in South Africa.