Deceased Estate Checklist South Africa: Step by Step

When someone dies in South Africa, a handful of deadlines and forms decide how smoothly the estate goes. This is a plain-English walk through them, in the order they usually happen. The details come from the Master's own website; the process can vary by office and by case, so use this as a map, not as legal advice.

Day 1: confirm the death and call someone to help. A doctor or authorised official confirms the death. Tell the closest family first, and ask someone to help you make the calls. Contact a funeral service. Nothing else on this list needs to happen today.

Within 7 days: the death is reported to Home Affairs. The hospital or the funeral undertaker often does this for the family, so ask them to confirm it has been done. Home Affairs issues the death certificate that almost everything else depends on. Ask for several certified copies, because banks, insurers and the Master will each want one.

Within 14 days: report the estate to the Master of the High Court. The estate of a person who died leaving property, or a will, must be reported to the Master within 14 days of the date of death. Anyone holding the deceased's property or a document that is, or is meant to be, a will must report. You report to the Master's office for the area where the deceased lived 12 months before death. If a will exists, the original goes in with the reporting documents. The Master's office does not accept faxed documents. Online registration is available at the Johannesburg, Durban, Cape Town, Pretoria and Thohoyandou offices, and the Master plans to widen it.

The forms you are likely to meet. The official forms are on the Master's website. The ones families run into first:

- J294, the Death Notice, is the form that starts the reporting. - J192, the Affidavit: Particulars of Next-of-Kin, is used when there is no will. - J243, the Inventory, lists the deceased's assets. - J190, Acceptance of Trust as Executor, is signed by the person who will be executor. - J238, the Letter of Executorship, and J170, the Letter of Authority, are what the Master issues to give someone the power to act (see below). - J193, the Notice to Creditors in Deceased Estates, is used when creditors are invited to claim.

Which forms apply depends on whether there is a will and how large the estate is, so ask the Master's office to confirm your list before you submit.

The R250,000 line decides which letter you get. If the estate is worth more than R250,000, Letters of Executorship must be issued and the full process under the Administration of Estates Act is followed. If it is less than R250,000, the Master may dispense with Letters of Executorship and issue a Letter of Authority under section 18(3) instead. Smaller estates with no valid will and a gross value under R125,000 can be handled at Magistrates' Office service points. Until a letter is issued, nobody has the legal power to deal with the estate.

Bank accounts: do not move money yet. Tell the bank. Banks deal with the executor or Master's representative, and ask for a death certificate, certified IDs and the Letters. One bank states that the Master must give permission before it releases reasonable funds from a deceased person's account to pay for the funeral. So do not withdraw from the account informally, even to pay for the funeral. Ask the bank what it needs and whether the Master's permission applies to you.

If there is no will. The Intestate Succession Act 81 of 1987 decides who inherits. The next-of-kin affidavit establishes who the family is, and the heirs may nominate an executor.

What the executor does. Once appointed, the executor opens an estate bank account, informs the banks, insurers and other third parties, works out what the estate owns and owes, advertises for creditors (the notice runs at least 30 days), and draws up a liquidation and distribution account. That account shows the assets, the debts and the costs of administration, and works out any estate duty, income tax and capital gains tax. The Master's office says a lay executor should be assisted by an attorney, a trust company or an accounting firm, and for any estate with a property, a business or a dispute, that advice is worth paying for.

The final account and the waiting periods. The executor has six months from appointment to lodge the account, although extensions are possible. The Master reviews it and may send a query sheet. It then lies open for inspection for 21 days. Once that period passes with no objection, the executor may distribute, which must happen within two months after the inspection period.

How long does it take? There is no fixed answer. A simple estate with no property is often finished in six to twelve months, and one with property often takes twelve to twenty-four. The usual delays are incomplete reporting documents, backlogs at the Master's office, and slow responses from banks and other institutions. A complete list of what the person owned, owed and insured is the easiest way to shorten it.

What you can do right now, whatever stage you are at. Gather the death certificate, the original will if there is one, IDs, and a list of the bank accounts, insurance and funeral policies, property, vehicles and debts. Write down which attorney, bank or insurer the person used. Keep every letter and receipt in one folder.

And if you are planning ahead rather than dealing with a death: the single most useful thing you can leave your family is that list, plus the location of your will and the name of your executor. MyLegacyLivesOn is built for exactly this: you record where everything is, name the people who should receive it, and it is released to them if you stop checking in.

This checklist is a planning summary, not a legal document. Bring it to a qualified estate lawyer to formalize.