Dealing with a deceased estate, or need a will drafted?

The estate must be reported to the Master of the High Court (or a designated magistrate's office for smaller estates), an executor is appointed or confirmed, and the estate is then administered - assets identified, debts settled, and what remains distributed to the heirs under the Administration of Estates Act 66 of 1965.

Usually whoever the deceased nominated in a valid will, subject to the Master's appointment ("letters of executorship"). If there's no will, or no executor named, the Master appoints one - usually a family member, but an independent professional can also be appointed for larger or more complex estates.

Typically the death certificate, the will (if any), the deceased's ID document, and details of known assets, liabilities, and heirs. Our checklist shows you exactly what's still outstanding as soon as you open a file.

It varies a great deal by size and complexity - a small, uncontested estate can be finalised in a few months, while one with property, business interests, or disputes among heirs can take considerably longer. We keep you updated as each stage progresses.

Both - we draft wills as well as administer estates once someone has passed. If you're dealing with an estate now, open a file with the deceased's details; if you want a will drafted for yourself, use the contact form and we'll take it from there.

The estate is then distributed according to the Intestate Succession Act's fixed rules for spouses, children, and other relatives, rather than the deceased's own wishes - this often surprises families, especially in blended-family or unmarried-partner situations. Tell us the family circumstances and we'll explain how the rules apply.

Section 29 of the Administration of Estates Act requires the executor to advertise for creditors and debtors, in the Government Gazette and a local newspaper, giving them a window (commonly 30 days) to lodge claims against the estate before it can be finalised. We track that deadline once the notice is published.

The formal account (s35) setting out every asset, liability, and how the estate will be divided among the heirs. Once prepared, it's lodged with the Master and then advertised as lying open for inspection - typically 21 days - during which anyone can raise an objection before it's finalised.

Yes - during the inspection period after the L&D account is lodged, any interested party can lodge a formal objection with the Master, who then decides how it should be resolved before the estate is finalised.

Smaller estates may qualify for a simplified process under s18(3) of the Act, which can reduce some of the formality - but whether a specific estate qualifies, and whether it's still worth having a professional executor, is a judgement call worth getting right up front rather than after a mistake.

Valid claims lodged during the creditor notice period are settled from the estate's assets before anything is distributed to the heirs - heirs are not personally liable for the deceased's debts beyond what the estate itself can cover.