Reporting a Deceased Estate

If someone passes away one should inform all relevant parties at once. This includes SARS, the Department of Home Affairs, the bank, insurance policy companies, investment companies, funeral company, medical aid, landlords, employers, accounts (e.g. Telkom, Woolworths), etc. One can attach a death certificate as proof at this stage. Request a Letter of Authority from the Master of the High Court (in the event that the value of the Estate is less than R250 000), or Letter of Executorship (if the value of the Estate is more than R250 000) as soon as possible. This document gives the nominated Representative or Executor the authority to act on behalf of the Deceased Estate.

Documents required by the Master's Office: Your Attorney will then submit the following documents, together with a cover letter, to the Master’s Office:

· ID of deceased.

· Death Notice of deceased.

· Death Certificate of deceased.

· Marriage Certificate of deceased.

· Ante Nuptial Contract (ANC) - if applicable.

· Divorce Order (if applicable).

· Original Will.

· Death Notice of spouse (if applicable).

· Death Notice of nominated heirs (if applicable).

· Inventory (of possessions).

· Next of Kin Affidavit (this is only necessary if the deceased did not leave a valid Will, or if the Will does not specify the names of the heirs (e.g. only says "I bequeath my Estate to my children born of the marriage").

· ID of the nominated Executor or Representative.

· If the heirs decide to split the inheritance differently to the wishes of the Testator in the Will, a Redistribution Agreement is to be signed by the heirs.

· ID documents of heirs.

· If a Bank has for example been appointed as Executor of the Estate, in terms of the Will, they often do not wish to proceed if the value of the Estate is less than R500 000. In such event you will need to get a Letter of Renunciation from the Bank (or any other nominated Executor who does not wish to act as Executor).

· In such case the Attorney will also need a Nomination letter (where a new Representative or Executor is appointed).

· The Attorney will then also need an Acceptance of Nomination letter from the new Representative or Executor (in duplicate).

Once you have received the Letter of Authority (where the Estate is worth less than R250 000) the Representative can go ahead and wind up the estate - by giving adherence to the terms of the Will. He/she will not have to report to the Master again.

If the Estate is worth more than R250 000 the Executor will have to report the Estate in the Newspaper and Government Gazette (Notice to Creditors in Deceased Estate). The Executor will then have to draft a Liquidation and Distribution account (which states how the Estate is to be dissolved/distributed). Once this has been accepted by the Master (if there were no objections, or if the objections have been satisfactorily addressed) the Executor may proceed to transfer any properties in the Estate.