DECEASED ESTATES
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Our aim is to minimize the trauma associated with the loss of a loved one and assist and guide our Clients through the process from the Appointment of the Executor; notification of Creditors; the preparation and drafting of the liquidation and distribution accounts and correspondence between the Master of the High Court, the executor, affected parties and third parties.

Summary

THE ORIGIN OF A DECEASED ESTATE
A deceased estate comes into existence when a person dies and leaves property in terms of a  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 failing a valid will, in terms of the Intestate Succession Act, 1987 (Act 81 of 1987).
The procedure which 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?
•     From the 5th of December 2002 all Magistrates’ Offices are designated service points for the Master and estates can be reported there. However, these Service Points have limited jurisdiction. All estates with wills, as well as estates which exceed R50 000 in value, will be transferred to the Provincial Master’s Office.  Therefore it is advisable to report these estates directly to the Master’s Office.

 

WHEN AND BY WHOM MUST ESTATES BE REPORTED?
The estate of a deceased person must be reported to the Master within 14 (FOURTEEN) days from date of death. The death is to be reported by any person having control or possession of any property or document 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 which may be obtained at any Masters Office or Magistrates court or on
www.justice.gov.za

 

HOW TO REPORT AN ESTATE TO THE MASTER OR TO A
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 R 250 000, 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 R 250 000, 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.

 

The Magistrates’ 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 entitles the nominated representative to administer the estate without following the full procedure set out in the Administration of Estates Act.

 

(A) Where the value of the estate exceeds R 250 000, the following reporting documents will be required:
• Completed Death Notice form – J294
• Original or certified copy of the Death Certificate and  certified ID document of the deceased
• Original or certified copy of Marriage Certificate (if applicable)
• All original wills and codicils or documents intended as such (if any)
Next-of-Kin Affidavit – J192 (if the deceased did not leave a valid will)
• Completed Inventory form – J243
• 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 has died or declines the appointment.
• Completed Acceptance of Trust as Executor form – J190 in duplicate by the person(s) nominated as executor(s) and a certified  copy of the photo page of the executor’s ID document.
Undertaking and bond of security – J262 (unless the nominated executor has been exempted from providing security in the will,  or is the parent, spouse or child of the deceased)
Affidavit by the next of kin of a deceased person, who has died without leaving a valid will, to the effect that the estate has not already been reported to another Master or Service Point (if applicable).
• Declaration of subsisting marriages

 

(B) Reporting documents where the value of the estate is less than R 250 000
• Completed Death Notice form – J294
• Original or certified copy of the Death Certificate and ID document of the deceased.
• Original or certified copy of Marriage Certificate (if applicable)
• All original wills and codicils or documents intended as such
Next-of-Kin Affidavit – J192 (if the deceased did not leave a valid will)
• Completed Inventory form – J243
• List of creditors of deceased (if applicable)
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.
Undertaking and acceptance of Master’s directions form – J155.
• Completed Acceptance of Trust as Executor form – J190 in duplicate by the person(s) nominated as executor(s) and a certified copy of the photo page of the executor’s ID document.
Undertaking and bond of security – J262 (unless the nominated executor has been exempted from providing security in the will,  or is the parent, spouse or child of the deceased)
• Affidavit by the next of kin of a deceased person, who has died without leaving a valid will, to the effect that the estate has not already been reported to another Master or Service Point (if applicable).
• Declaration of subsisting marriages

Contact Us
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Address: 755 Park Street | Arcadia | Pretoria | 0083

Tel: +27 (0)12 343 0267

Surita Marais Attorneys