Deceased Estate Administration

Winding up a loved one’s estate properly, efficiently and with care.

When someone dies, their assets cannot simply be transferred to their heirs. The estate must be reported to the Master of the High Court and administered by an executor under the Administration of Estates Act, which involves collecting assets, paying debts and taxes, and distributing what remains.

What the executor does

  • Reports the estate and obtains authority from the Master to act.
  • Takes control of assets, opens an estate bank account and values the estate.
  • Advertises for creditors and settles valid claims and debts.
  • Deals with SARS, including income tax, capital gains tax and estate duty.
  • Prepares the liquidation and distribution account and transfers assets to heirs.

Smaller estates

For estates valued below the prescribed threshold, the Master may issue letters of authority instead of appointing a formal executor, which simplifies the process.

Executor’s fees

Executor’s remuneration is regulated by a tariff, capped at a percentage of the gross value of the estate plus VAT, unless the will provides otherwise or a different fee is agreed.

How we help

We assist families who:

  • Have lost a loved one and do not know where to start.
  • Have been nominated as executor in a will.
  • Need help with an estate that includes property, a business or offshore assets.
  • Are dealing with an estate where there is no will.
  • Have concerns about delays or how an estate is being administered.
  • Need to transfer property or shares to heirs.

The administration process

Five stages of winding up an estate.

  1. Report the estate
    The death must be reported to the Master, usually within 14 days, with the death certificate, will and inventory of assets.
  2. Appointment
    The Master issues letters of executorship or letters of authority to the nominated executor or agent.
  3. Creditors and assets
    Notices to creditors are published, assets are collected and valued, and claims are settled.
  4. Accounts
    The liquidation and distribution account is lodged with the Master and lies open for inspection by interested parties.
  5. Distribution
    Once the account is approved and taxes are paid, assets are transferred and funds are paid to heirs.

A straightforward estate typically takes several months to a year to finalise. Complex estates involving property, businesses or disputes can take longer.

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What to prepare

Documents that help us get started.

  • The death certificate and the deceased’s ID.
  • The original will, if there is one.
  • Marriage certificate and antenuptial contract, if applicable.
  • Details of bank accounts, policies, property and investments.
  • A list of known debts and monthly accounts.

Common Questions

Yes. Once the bank is notified of the death, accounts in the deceased’s name are usually frozen until the executor has been appointed and opens an estate account.
The estate is distributed in terms of the Intestate Succession Act, which sets out which family members inherit and in what shares. An executor is still appointed by the Master.
Estate duty is payable on the dutiable value of an estate above the prescribed abatement. Assets left to a surviving spouse are generally deductible. We help executors calculate and settle estate duty with SARS.
Yes. The Master or the court can remove an executor who fails to perform their duties properly or acts against the interests of the estate.
The costs of administration, including executor’s fees, are paid from the estate before the heirs receive their inheritance.

NEED HELP WITH AN ESTATE?

We guide families and executors through the administration of deceased estates with clarity, efficiency and care.

Read more: Estate and trust disputes

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This page is general information and not legal advice.

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