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Deceased Estate

Deceased Estate

Deceased Estate – This division of the Master’s office supervises the administration of deceased estates.  The purpose is to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the financial interests of the heirs. 

A deceased estate comes into existence when a person dies leaving property or a document which is a will or purports to be a will. Such estate must then be administered and distributed in terms of the deceased’s will or failing a valid will, in terms of the Intestate Succession Act, 81 of 1987. The procedure which must be followed to administer a deceased estate is prescribed by the Administration of Estates Act, 66 of 1965 (as amended).

Which deaths?

  • 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.

Where must estates be reported?

  • Where the deceased was living in the Republic of South Africa, the estate must be reported to the Master of the High Court in whose area of jurisdiction the deceased was living 12 months prior to his/her death.
  • Where the deceased was not living in the Republic of South Africa at the time of his/her death, the estate may be reported to any Master of the High Court, provided it is reported to only one Master.
  • An affidavit in which it is stated that the letters of executorships have not already been grated by any other Master of the High Court in the Republic of South Africa must accompany the reporting documents.
  • From 5 December 2002, all Magistrates’ Offices are designated service points for the Master of the High Court and estates can be reported there. However, these service points have limited jurisdiction. All estates with wills, as well as estates that exceed R125 000 in value, will be transferred to the provincial Master’s Office. Therefore, it is advisable to report these estates directly the Master’s Office.
  • Note: If the estate value is less than R 250 000 and there is a minor heir, Legal Aid S.A.(LASA) can be contacted to assist in this regard.