Deceased Estates :
The passing of a loved one, friend or close business associate is a very difficult time in every person's life. You not only have to deal with your own bereavement and the grief and bewilderment of family members, but you might also find yourself taking on the role of Executor of the deceased's estate.
- The first question you may ask yourself is - Will I be able to cope ?
- You may feel that it would help to have some guidance in handling the complexities involved in the administration of a deceased estate. Most people in your position feel the same way. Many feel that as they were chosen for this special role, they must attend to the task on their own.
- Others, however, feel that they are ill-equipped to deal with all aspects of the Executor's role yet want to ensure they attend to the responsibilities correctly and so seek professional help. You shouldn't feel guilty about this.
- Help is at hand, Let NYR Administration Services Help You...
Did You Know
The estate of a deceased person must be reported to the Master within 14 days from date of death.
This is in terms of the Intestate Succession Act, 81 of 1987.
Reporting a Section (13/14) Estate
( Estate Value greater than R 125 000 )
- Completed Death Notice (Afr or Eng) form - J294
- Original or certified copy of the Death Certificate
- Original or certified copy of Marriage Certificate (if applicable)
- All original wills and codicils or documents purporting to be such (if any)
- Completed Next-of-Kin Affidavit - J192 (if the deceased did not leave a valid will)
- A Declaration of Marriage by the Surviving Spouse indicating how the deceased was married
- Completed Inventory Form J243, showing all the assets of the deceased
- Nominations by the heirs for the appointment of an executor in the case of an intestate estate or where no executor has been nominated in the will, or the nominated executor declines the appointment.
- Completed Acceptance of Trust as Executor (Afr or Eng) forms - J190 in duplicate by the person(s) nominated as executor(s)
Undertaking and bond of security - J262 (unless the nominated executor has been exempted from furnishing security in the will, or is the parent, spouse or child of the deceased)
Certified copy of the ID of the person to be appointed as Executor.
Frequently Asked Questions
What is a deceased estate?
A deceased estate comes into existence when a person dies and leaves property or a document, which is a will or is intended as a will. Such an estate must then be administered and distributed in terms of the deceased’s will or, in the absence of a valid will, in terms of the Intestate Succession Act,1989 (Act 81 of 1989). The procedure that must be followed to administer a deceased estate is prescribed by the Administration of Estates Act, 1965 (Act 66 of 1965), as amended.
Which deaths must be reported to the Master of the High Court?
The death of a person who dies within the Republic of South Africa and leaves property or any document that is a will or is intended as a will; and the death of a person who dies outside of the Republic of South Africa, but who leaves property and/or any document that is a will or is intended as a will, in the Republic of South Africa, must be reported to the Master of the High Court.
When and by whom must estates be reported?
The estate of a deceased person must be reported to the Master of the High Court within 14 days of the date of death. The death is to be reported by any person having control or possession of any property or documents that is or intends to be a will of the deceased. The estate is reported by lodging a completed death notice and other reporting documents with the Master, Estate Experts will take care of this for you.
What happens if I do not leave a will - (intestate succession)?
If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the Intestate Succession Act, 1987 (Act 81 of 1987). In case of a marriage in community of property, one half of the estate belongs to the surviving spouse and, although it forms part of the joint estate, will not devolve according to the rules of intestate succession. For more information on the Intestate Succession Act, please consult the Act or your legal representative.
How do you report an estate to the Master or to a service point of the Master of the High Court?
The reporting documents will differ slightly depending on the value of the estate and the type of appointment required. If the value of the estate exceeds R125 000, letters of executorship must be issued and the full process prescribed by the Administration of Estates Act must be followed. However, if the value of the estate is less than R125 000, the Master of the High Court may dispense with letters of executorship and issue letters of authority in terms of Section 18(3) of the Administration of Estates Act, (Act 66 of 1965). The Magistrates’ Office service points will only have jurisdiction if the deceased did not leave a valid will and the gross value of the estate is less than R50 000. Letters of authority entitle the nominated representative to administer the estate without following the full procedure set out in the Administration of Estates Act.