Plain-language definition first:
An executor is the person (or company) legally appointed to wind up a deceased person's estate, to collect everything they owned, pay everything they owed, and hand what's left to the right people.
If a deceased estate were a company shutting down, the executor would be its final CEO: full authority, full responsibility, and personally answerable to a regulator, the Master of the High Court.
Here's the full job description, what executors charge, whether a family member can do it, and how to choose well.
Executor role guide
The person who carries authority and liability
The executor is not just a name in a will. They become accountable to the Master, SARS, creditors, heirs, and the estate file.
- Authority: starts only after the Master issues Letters.
- Duty: collect assets, pay debts, and distribute lawfully.
- Cost: tariff fees can be negotiated before death.
- Risk: mistakes can create personal liability.
Executor of an estate: the meaning in practice
Common confusion
Three executor facts families mix up
- The will nominates an executor. The Master appoints one, by issuing Letters of Executorship. No Letters, no power.
- The executor is not the owner of the estate. They control it as a fiduciary, legally bound to act in the interests of the heirs and creditors, never their own.
- The executor is not the heir (though they can be, an executor named as a beneficiary may take both their inheritance and the executor's fee).
You'll see the same role spelled a dozen ways in searches, executor of estate, estate executor, executor for the estate, executorship of estate. Same job. One definition. This one.
The executor's full duty list
Executor duties
The full job from appointment to closure
- Report the estate to the Master and obtain the appointment.
- Secure and inventory the assets, property, accounts, investments, vehicles, belongings.
- Open the estate late bank account and redirect all estate money through it.
- Advertise for creditors (Section 29, a 30-day window for claims).
- Assess claims, pay the legitimate ones, reject the chancers.
- Deal with SARS, final income tax to date of death, the estate's own taxes, capital gains on the deemed disposal, and estate duty if the estate is large enough.
- Draft the Liquidation & Distribution account, due at the Master within 6 months of appointment (extensions possible).
- Advertise the account to lie open for inspection for 21 days (Section 35).
- Transfer property, pay heirs, distribute the estate.
- Obtain the filing slip and close the estate.
Every step has forms, deadlines and personal liability attached. Miss a creditor, distribute too early, get the account wrong, the executor answers for it. Personally.
Executor fees
What does an executor charge?
The prescribed tariff:
- 3.5% of the gross value of the estate assets, plus VAT (effectively 4.025%), and
- 6% of income earned by the estate after death (interest, rent, dividends).
Worked example: a R3,000,000 estate see up to R120,750 in executor's remuneration (3.5% + VAT), before conveyancing, Master's fees and advertising.
Now the part too few people use: the fee is a ceiling, not a fixed price, and it's negotiable. The best moment to negotiate is when you draft your will and nominate the executor, because that's when you have all the leverage. Negotiating at the funeral is a much weaker position.
(We quote executor's fees upfront, in writing, before any commitment, book a free call and ask.)
Family executor risk
Can a family member be the executor?
Yes, and sometimes it works. But go in with open eyes:
- Security: the Master usually requires a private individual to furnish a bond of security for the estate's value, unless the will exempts them. That's an annual insurance cost for as long as the estate stays open.
- Skill: L&D accounts, SARS estate registrations, conveyancing coordination and Master's queries are specialist work. Errors don't just delay, they create personal liability for the family member.
- Grief: the executor does all this while mourning. That's a heavy thing to hand your spouse or child.
- Family dynamics: the executor rejects claims and says no to relatives. A sibling-executor plus a disputed heirloom is how family WhatsApp groups die.
The hybrid most families land on: nominate a professional executor, exempt from security, at a negotiated fee, with the family kept informed at every step. Professional speed, family oversight.
Choice checklist
Five questions before naming an executor
- Do they do this daily? Estate administration is a volume game, offices, queries, precedents.
- What's the fee, in writing, upfront? "The standard tariff" is an answer. "3.5%… but let's talk" is a better one.
- Who will my family actually deal with? One dedicated case manager beats a call centre.
- How do they handle the Master's queries? Ask for their average time from reporting to Letters of Executorship.
- Will they put a family member in the loop formally? The right answer is an unhesitating yes.
Our answers: yes daily, quoted upfront, a dedicated case manager per family, and family kept in the loop as standard.
Quick answers
Questions families ask about executors
What is the definition of an executor of an estate?
The person or institution appointed by the Master of the High Court to administer a deceased estate, collecting assets, paying debts and taxes, and distributing the balance to the heirs.
Can an executor be a beneficiary?
Yes. An executor named in the will as an heir receives both their inheritance and the executor's remuneration.
Can an executor sell property?
Yes, once appointed, subject to the will's terms, the heirs' positions and the Master's oversight. Property sales in estates involve extra consents and take longer than normal sales.
How long does an executor have to wind up an estate?
The L&D account is due within 6 months of appointment (extensions are routinely sought). Simple estates finish in 7,12 months; complex ones take longer.
Who watches the executor?
The Master of the High Court examines the account, and heirs and creditors can object during the 21-day inspection period, or ask the Master to act against a delinquent executor.
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