Administration of Deceased Estates


Ehlers Attorneys is authorised to administer estates, either by way of nomination in a Will or to act under a Power of Attorney where a relative or friend has been nominated as Executor and does not have the knowledge, expertise or the time. The estate can also be administered under a Power of Attorney if the deceased did not have a Will.

Explanation of the Administration Process:

1. On the date of death the family are to:

  • Obtain Death Certificate;
  • Establish whether a Will exists;
  • Put deceased’s papers and documents in order.

2. Preliminary Interview

  • Nominated executor must establish:
    • Whether a Will exists;
    • Who potential beneficiaries are;
    • An idea of the assets and liabilities in the estate.
  • Nominated executor will assist family to complete the necessary documentation.

3. Application for appointment as Executor

  • The Master of the High Court must formally appoint the executor and grant him the necessary powers to administer the estate. The length of time this process takes is dependent on the Master’s Office.

4. Advertise for Creditors

  • Government Gazette;
  • Local paper;
  • Creditors have 30 days to lodge any claim.

5. Liquidation & Distribution Account

  • Details of assets & liabilities obtained;
  • Submit final tax return.

6. Advertise Liquidation & Distribution Account for inspection

  • Government Gazette and Local paper;
  • Lies for inspection for a period of 21 days;
  • Possible objections are lodged with Master.

7. Distribution of Estate

  • Obtain release from Receiver of Revenue;
  • Pay creditors;
  • Prepare Cash Statement;
  • Distribute assets;
  • Transfer fixed property.

8. Sign off by Master of High Court

  • Executor provides the High Court with proof creditors have been paid and assets distributed;
  • Estate finalized and duties of executor are discharged.

Time Period

  • 35 to 60 weeks.

Documents Required

  • Original Last Will and Testament (if held by deceased)
  • Original Death Certificate
  • Original Identity document and passport
  • Original Marriage Certificate
  • Certificate of registration of customary marriage
  • Original Antenuptial Contract
  • Former spouse(s)/ divorces:
    • Full names and contact details
    • Copy of Divorce Order
    • Copy of Divorce Agreement
  • Predeceased spouse(s):
    • Full names
    • Copy of Death Certificate
    • Copy of Last Will and Testament
    • Copy of Liquidation & Distribution Account or Date of Death & Master’s Office where estate was reported
  • Full names of the deceased’s parents
  • Full names of the deceased’s children (including deceased children)

Fixed properties:

  • Original Title Deeds/ safe custody receipts/
  • Recent home loan statements
  • Lease agreements
  • Rates account/ levy statement
  • Details of any credit life cover
  • Capital gains tax valuations
  • Proof of insurance

Motor vehicles (incl. trailers, motor bikes, boats, caravans etc):

  • Registration certificates/ logbooks
  • Recent statement in respect of any finance
  • Proof of insurance

Firearms:

  • Original firearm licences
  • Details of all ammunition held

Bank accounts:

  • Cheque books
  • Recent bank statements for all accounts
  • ATM cards

Life assurance/ endowment/annuity policies:

  • Original policy documents
  • Any endorsements/ cessions

Details of:

  • Funeral expenses
  • Medical accounts
  • Credit cards(including the card itself)
  • Credit Agreements
  • Store accounts
  • Loan accounts
  • Cellphone account
  • Telkom account
  • Electricity Account
  • Water Account
  • Internet Service Provider
  • Newspaper and magazine subscriptions
  • Income tax reference number