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Deceased Estates

The loss of a loved one is arguably one of the most painful things one can go through. Regardless of whether the loss was sudden or anticipated, the process is not easy.

C. Diedericks Attorneys, Your committed partner

What we have found is that together with dealing with grief, one now has to also deal with the administration of their deceased estate, and this adds additional stress.

At C. Diedericks Attorneys we are committed to partner with you in this process by making the process easy to understand and relieve you of the possible stress the process can cause. We pride ourselves in regular communication and updates regarding the administration process.

The administration of a deceased estate in South Africa follows a structured legal process governed primarily by the Administration of Estates Act, 1965 (Act 66 of 1965).

Below is an overview of the process:

1. Reporting the Estate

The estate must be reported to the Master of the High Court within 14 (fourteen) days of the person's death.
If the deceased had a will, the estate is administered according to its terms.
If the deceased died intestate (without a will), the Intestate Succession Act determines the heirs.

Required documents include:

Death certificate
Will (if applicable)
Identity documents of the deceased and next of kin
Marriage certificate (if applicable)
List of assets and liabilities

2. Appointment of an Executor

If a valid will exists, the person nominated as executor applies for Letters of Executorship from the Master.
If there is no will, the Master appoints an executor, usually a family member or professional.
If the estate is valued at R250,000 (two hundred and fifty rand) or less, a Master’s Representative is appointed instead of an executor.

3. Advertisement for Creditors

The executor must publish a notice to creditors in a government gazette and a local newspaper.
Creditors have 30 (thirty) days to submit claims against the estate.

4. Inventory and Valuation of Assets

The executor compiles an inventory of all assets, such as property, bank accounts, vehicles, and investments.
If needed, assets are valued by professionals.
SARS clearance is required to ensure all tax obligations (income tax, estate duty, etc.) are settled.

5. Settling Debts and Taxes

The estate’s debts, including funeral costs and outstanding loans, are paid.
The executor files tax returns, and SARS issues a tax clearance certificate.

6. Drafting and Approval of the Liquidation and Distribution Account (L&D Account)

The executor prepares the L&D Account, showing how the estate will be distributed.
The account is submitted to the Master for approval.
Once approved, the account is advertised for 21(twenty-one) days for public inspection.

7. Distribution of the Estate

If no objections arise, the executor distributes the estate according to the will or intestate succession rules.
Beneficiaries receive their inheritances.
The estate is formally closed once all assets are transferred and debts settled.

8. Final Reporting to the Master

The executor submits a final report confirming all payments and distributions.
Beneficiaries receive their inheritances.
If the Master is satisfied, a discharge certificate is issued, officially finalizing the estate.

Timeframe?

Simple estates (under R250,000): 3-6 months
Larger estates: 6 months – 2 years, depending on complexity