19 May, 2022 In News

Reporting of Deceased Estates

Upon the death of a person, the estate of the deceased must be reported by an interested party to the Master’s Office in the area where the deceased lived.

If the value of the estate is less than R250 000.00 – or less than the amount determined by the Minister from time to time, by way of notice in the Gazette – 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, No. 66 of 1965.

The following documents must be submitted to the Master’s Office by the party reporting the estate:

  • Completed Death Notice;
  • Original or certified copy of the Death Certificate;
  • Original or certified copy of a Marriage Certificate (if applicable);
  • declaration of subsisting marriages (where applicable);
  • All original wills and codicils or documents purporting to be such (if any);
  • List of creditors of the deceased (if applicable); and
  • Certified copy of the ID of the person to be appointed as the Master’s representative.

In addition to the above, the following forms must be completed and submitted to the Master’s Office:

  • An inventory showing all the assets of the deceased – proof of the value of the assets must be provided;
  • Nominations by the heirs for the appointment of a Master’s representative in the case of an intestate estate or where no executor
    has been nominated in the will or the nominated executor declines the appointment; and
  • Acceptance of the Master’s directions.

If the deceased did not leave a valid will, a next-of-kin affidavit will need to be completed and submitted to the Master of the High Court, along with the documents that are listed above.

A file is opened in the name of the deceased once the aforementioned documents have been completed and submitted to the Master of the High Court at the Master’s Office. After a file has been opened, the documentation that has been submitted by the party reporting the estate is perused by an examiner to determine its accuracy.

The will, if any, is considered by the Assistant Master of the High Court and is either accepted or rejected.