Losing a loved one is difficult enough on its own, without having to deal with the legal and administrative issues that immediately arise when someone passes away. When in the position of mourning a relative’s passing, while also having to take care of their estate and assets, the situation can quickly become overwhelming. Don’t worry – this short guide is here to help you. Follow these few steps and preferably get an estate attorney on your side to handle the various legalities.
Get An Official Declaration of Death
The first thing you need to do is get the Department of Home Affairs to issue an official declaration of death. Either you or a member of your family, will need to fill in a BI-1663 form. The form needs to be filled in by the person reporting the death, AS WELL AS a medical practitioner, and a Home Affairs official or SAPS officer. Once the necessary steps have been completed, Home Affairs will issue a death certificate. Keep hold of this ORIGINAL document as it is vital to reporting the Estate to the Master. Make 10 copies and have them certified right away.
Secure The Property
If the deceased’s property is now standing empty, take what steps are necessary to secure it. Try to find the original Will and contact any professionals who might have dealt with the deceased person’s affairs (attorney, accountant, investments advisor, company HR person). Get all the documentation you can find and make copies of it all. Lock up all doors and windows, secure any vehicles on the property and arm the alarm system if there is one. Look for valuables in the house and lock them safely away. It is preferable to keep any valuables either at the deceased’s home or in a neutral site – not at your own home or that of any of the deceased’s beneficiaries. If there are any pets on the premises, make provisions for their care, whether moving them to another home or arranging for a neighbour or friend to feed and check on them.
Meet With The Executor or Your Choice of Attorney
If the Estate is above R270 000 in terms of total assets, even if there are liabilities; arrange to meet an attorney as soon as possible with as many other family members as is practical. An experienced estate attorney will be able to help you through all the paperwork and legalities. An executor will need to be appointed. The Master will not deal with any individuals so an attorney must be appointed, unless a bank or institution is the Executor in the Will. If a Bank or other institution is appointed as Executor in the Will, arrange a meeting as soon as possible and ask them in writing to immediately accept appointment or refuse it. If they refuse, you will need to see an attorney to jointly appoint that person to act as executor.
Notify All Parties
Aside from Home Affairs, there are usually several other individuals and organisations who will need to know about the deceased’s passing. These include the deceased’s employer, pension fund, bankers and insurers. Where policies are in place, the full policy application process must be completed.
Blake Attorneys is a legal firm in Johannesburg. We have extensive experience with deceased estate administration in South Africa and can help you cope with the legal and administrative burden when a loved one passes. Contact us for more information.