Deceased Estates in South Africa: Reporting and Administration Guide

Navigating the process of administering a deceased estate can feel overwhelming, especially when dealing with grief. This guide provides clear steps on how to report a deceased estate in South Africa, who must do it, when, and what happens next.

Who should report a deceased estate?

Deaths should be reported by any person having control or possession of any property or documents that is or intends to be a will of the deceased.so family member, spouse, son, child, adopted child, sibling, or a close friend where no family exists.

What Is a Deceased Estate?

A deceased estate refers to all the assets, liabilities, and legal responsibilities left behind after someone passes away. These must be administered according to the deceased’s will, or, if no will exists, in accordance with South Africa’s intestate succession laws.

The estate includes:

• Property and investments
• Personal belongings
• Outstanding debts
• Any contractual obligations

So, What Documents Are Required to Report an Estate?

When Must a Deceased Estate Be Reported?

Under South African law, a deceased estate must be reported within 14 days of death. The estate must be submitted to the Master of the High Court in the province where the deceased ordinarily resided at the time of death.

If the estate value is below R250,000 and there is no will, it may be reported to a local Magistrate’s Office, which serves as a service point for the Master.

Who Can Be the Administrator for a Deceased Estate?

An administrator for a deceased estate is typically:

• A nominated executor in the will, or
• A family member (spouse, child, or sibling) where no will exists
  

If there is no one eligible or available, the Master may appoint a suitable representative. The administrator is legally responsible for collecting assets, paying debts, and distributing the estate.

How to Report a Deceased Estate in South Africa

Reporting requires submitting key documentation to the Master’s Office or a magistrate’s service point. Common documents include:

• Death notice and original death certificate
• The original will (if applicable)
• Inventory of assets and liabilities
• ID documents of the deceased and the nominated executor
• Marriage certificate or declaration
  

Additional documents may be requested depending on estate value or complexity. It’s essential to retain copies to prevent future disputes.

The Administration of Deceased Estates: Step-by-Step

The administration of deceased estates involves:

1. Reporting the estate to the Master
2. Official appointment of an executor or representative
3. Publishing creditor notices in the press and the Government Gazette
4. Opening an estate account for funds consolidation
5. Settling outstanding debts
6. Drafting a liquidation and distribution account (L&D)
7. Allowing public inspection of the L&D account (21 days)
8. Paying creditors and distributing assets to heirs
   

This process may take several months or more, depending on the complexity.

When Can a Deceased Estate Be Distributed?

A deceased estate may only be distributed after the Master approves the liquidation and distribution account and the 21-day inspection period has passed without objections.

Only then may the executor:

• Pay final debts
• Transfer property
• Allocate assets to beneficiaries
• Finalise the estate file
  

Any distribution before approval is unlawful and could expose the executor to personal liability.

Need Guidance with a Deceased Estate?

Dealing with a deceased estate involves time-sensitive legal steps. Shackleton Risk Management offers guidance and surety bond solutions to support compliant estate administration.

Contact us for assistance with documents, reporting, or understanding your duties as an estate administrator.