Administration of Deceased Estates
The reporting documents will differ slightly depending on the value of the estate and the type of appointment required.
- The Magistrate’s Offices 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.
- However, if the value of the estate is more than R50 000, but less than R250 000, the Master may dispense with Letters of Executorship, and issue Letters of Authority in terms of section 18(3) of the Administration of Estates Act.
- If the value of the estate exceeds R250 000, Letters of Executorship must be issued and the full process prescribed by the Administration of Estate Act must be followed.
A deceased estate comes into existence when a person dies and leaves a document which is a will or is intended as a will (it is normally a will which does not comply with the Wills Act). Such an 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)
The estate must be reported to the Master of the High Court in whose area of jurisdiction the deceased was living at the time of his/her death. The Master has 14 offices countrywide namely: Johannesburg, Pretoria, Cape Town, Pietermaritzburg, Grahamstown, Bisho, Umtata, Bloemfontein, Kimberley, Mmabatho/Mafikeng, Polokwane, Durban, Port Elizabeth and Thohoyandou. The Estate may also be reported at the local office of the Magistrate.
When and by whom must Estates be Reported?
The estate of a deceased person must be reported to the Master within 14 days from the date of death. The estate is normally reported by the nominated Executor or his agent (Mulaudzi Inc. Attorneys).