The passing of a family member is a difficult time. The need to grieve can make matters such as dealing with the deceased estate difficult. So here is some information to try to make this process more understandable. Here is a brief description of what a deceased estate is and the process of estate administration.
What is a deceased estate?
When a person passes away and leaves property or a Will, a deceased estate comes into existence. This must be reported to the Master of the High Court within 14 days of the date of death – or at any time. It is important to note that a Will is not required to have an estate, but having one makes the process simpler. If there is a Will, an executor of the estate is normally nominated in the Will to carry out the directives in the Will. If a person dies without a Will, the family nominates who they want to be appointed as the executor. A Will sets out how the deceased estate must be administered and distributed. If the deceased did not execute a Will, or didn’t do so properly, the Intestate Succession Act (Act 81 of 1987) is followed and their family inherit the estate.
The process of estate administration
Administering a deceased estate is prescribed by the Administration of Estates Act (Act 66 of 1965). The Estate must be reported to the Master of the High Court, who then appoints an executor of the estate, either in terms of the Will, or the family’s request, where there is no Will. When the Master is satisfied with the documentation of reporting, the Master will appoint the executor by issuing Letters of executorship (if the value of the assets in the Estate is above R250 000) or a Letter of Authority, if the Estate is smaller than R250 000. Required documentation will depend on the value of the estate.
If a family member is appointed as the Executor of the Estate, the Master will require them to appoint an agent (who must be an attorney or qualified professional) to actually do the administration and deal with the Master’s office.
For any size estate, it can be beneficial to seek the help of an attorney with estate experience.
Blake Attorneys is best known for Family Law and regularly appears in the courts for divorce, maintenance, domestic violence applications and children’s court matters. We also have expertise in estates, small business development and insurance litigation. Formed in 1998, we have been providing legal services in the Johannesburg area for over thirty years. Contact us to speak to an attorney today.