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FAQs

Answers to common estate administration questions.

Clear, practical guidance on reporting an estate, executor authority, property transfers, debts, disputes and Master of the High Court requirements.

Estate Administration FAQs

What families and executors usually need to know first.

01 What is the first step when someone dies without a will in South Africa?

If a person dies intestate, meaning without a valid will, the estate must still be reported to the Master of the High Court within 14 days. The heirs are determined by the Intestate Succession Act, and the Master appoints a suitable executor or estate representative rather than acting on a nomination in a will. We assist families in navigating this court-supervised process quickly and correctly.

02 How long does a deceased estate take to finalise in South Africa?

A straightforward, solvent estate often takes about 6 to 12 months from reporting to final distribution. Complex estates involving disputed wills, overseas assets, minor heirs, liquidity problems or SARS issues can take 18 to 24 months or longer. Delays at the Master’s Office are common, so we help keep each step moving, from lodging documents to the final liquidation and distribution account.

03 What are the Master of the High Court’s fees for a deceased estate?

The Master charges a fee based on the gross value of the estate, subject to the published tariff that applies at the time. Because tariffs and exemptions can change, we confirm the applicable Master’s fee during the reporting and administration process.

04 Can I sell a house before the deceased estate is wound up?

Do not sell or transfer estate property without proper executor authority. Immovable property remains registered in the deceased’s name until the executor has the required authority and the property is transferred to heirs or sold as part of the estate administration process. A conveyancer must handle the Deeds Office transfer.

05 What happens if there is a dispute among heirs?

Disputes over a will, executor conduct, asset values or distribution can delay the estate. The executor should not distribute disputed assets until the issue is resolved through the appropriate legal process. We offer dispute-management support and can refer contested matters to specialist estate litigation attorneys where needed.

06 How do I report a deceased estate to the Master in Johannesburg?

You must complete the prescribed reporting documents, usually including the death notice, next-of-kin affidavit, inventory and supporting identity, marriage, will and asset documents, then submit them to the correct Master’s Office or service point. We handle the reporting and follow-up process because incorrect or incomplete forms are a leading cause of delays.

07 What is the difference between an executor and an administrator?

An executor is the person appointed by the Master to administer the estate, often after being nominated in a valid will. Where there is no will, or the nominated executor cannot or will not act, the Master appoints a suitable person to administer the estate. People sometimes refer to this person as an administrator, but the key point is that authority comes from the Master. Security may be required unless the person is exempted.

08 Do I need a conveyancer to transfer a house from a deceased estate?

Yes. Once the Master has issued the necessary authority and the estate is ready for transfer or sale, a conveyancing attorney must handle the transfer of immovable property at the Deeds Office. We work with trusted conveyancers to manage this step properly.

09 How are debts handled in a deceased estate?

Debts such as bonds, credit cards, municipal accounts, tax and other valid claims must be paid from estate assets before heirs receive their inheritance. If liabilities exceed assets, the estate may be insolvent and must be handled under the correct legal process. Executors who distribute assets before settling creditors can face personal liability.

10 Can I claim executor’s fees in South Africa?

Yes. The prescribed executor remuneration is 3.5% on the gross value of estate assets and 6% on income accrued and collected after death, excluding VAT where applicable. The fee must be disclosed in the liquidation and distribution account and is subject to the Master’s oversight.

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