Secure documents
Locate every original will and codicil, identity and marriage records, title deeds, policy documents, bank and investment records, tax details, contracts and debt statements. Do not write on, staple or alter an original will.
South African deceased estates
If someone has died, you do not need to understand the whole process today. Start by protecting the original will and estate records, securing assets, arranging the death certificate and identifying the Master who has jurisdiction.
This guide explains what happens next, what the R250,000 threshold changes, and where the Master, executor, SARS, conveyancer and family each fit.
Wills & Trust handles intake, factual qualification and referral. It is not a law firm, tax adviser or estate administrator. The independent provider named in a written engagement performs the professional work.
First practical steps
The first job is preservation, not distribution. A person named in the will is only nominated as executor and should not sell, divide or transfer estate assets before the Master grants the required authority.
Locate every original will and codicil, identity and marriage records, title deeds, policy documents, bank and investment records, tax details, contracts and debt statements. Do not write on, staple or alter an original will.
Secure the home, vehicle, business records and valuables. Keep insurance, rates, levies and essential services under review. Record urgent spending and retain every receipt.
Arrange registration with Home Affairs and obtain the official death certificate. A funeral service provider often assists, but the family should keep certified copies and confirm the details are correct.
Do not use the deceased person's cards, online banking or account as though it were your own. Ask the Master or responsible institution about the approved route for reasonable funeral or urgent subsistence needs.
Master of the High Court
A reportable estate should generally be reported within 14 days. The relevant Master is determined by where the deceased was ordinarily resident at death. The final 12 months of residence can affect where later newspaper notices must appear, but it is not the basic jurisdiction test.
Use ordinary residence at death, not the location of one convenient bank or heir. A deceased person who was not ordinarily resident in South Africa follows the foreign-estate rules. Do not report the same estate to several Masters.
DOJ Online accepts deceased-estate registrations and physical lodging by post, courier or hand may remain available. The Master may still require an original will, original security bond, certified hard copies or other originals for verification.
Make the names, marital status, dates, asset values and proposed appointee details agree across every form. Keep a complete indexed copy, proof of lodging and the estate reference number.
A query is not an appointment. Supply the missing evidence in the format requested and preserve the correspondence. If the will is disputed, the estate appears insolvent or relationships are contested, obtain legal advice early.
The DOJ will guidance does not treat an ordinary copy as a valid original. A lost-original case may require evidence and a High Court application. Preserve every document and obtain advice before assuming the estate is intestate.
A case-dependent checklist
There is no single pack for every family. The forms depend on estate value, whether there is a valid will, the marriage or partnership, the proposed appointee, security and the beneficiaries.
Forms and office procedures change. Confirm the current checklist with the Master immediately before lodging. J170 Letters of Authority and J238 Letters of Executorship are issued by the Master, not completed and issued by the applicant.
Nomination is not authority
A will can nominate an executor, but the Master makes the appointment. Until authority is issued, the nominee should preserve information and assets rather than administer or distribute them.
The Master ordinarily considers that nomination, subject to acceptance, identity, security and the Act. If the nominee has died, declined, become incapable or cannot be found, an alternative nomination process may be required.
Heirs may nominate a person, but they do not make the appointment. The Master decides who receives authority. An executor may use an agent under power of attorney, but remains legally responsible for the administration.
Security is not governed by a simple rule that every family member must provide it and every professional is exempt. The will, the appointee's relationship to the deceased, statutory exemptions and the Master's risk powers all matter.
The R250,000 distinction
Gross value above R250,000
The full executorship route generally applies. The appointed executor follows the creditor-advertisement, account, inspection and distribution process in the Administration of Estates Act.
The estate value is a gross-value test. Debt does not simply reduce a larger estate into the small-estate route.
Gross value does not exceed R250,000
The Master may dispense with appointing an executor and direct a section 18(3) representative to administer a qualifying smaller estate. This is a discretionary, supervised route, not an automatic exemption from every formality.
If new assets take the estate above R250,000 or insolvency emerges, the representative must tell the Master. The original directions may no longer be suitable.
The R250,000 figure affects the Master's administration route. It is not a SARS reporting, income-tax or estate-duty exemption.
Build the estate's true position
After appointment, the executor takes control of estate assets and records, confirms values, collects debts owed to the deceased and determines whether the estate can pay its obligations. Retirement-fund death benefits and some nominated benefits may be governed outside the estate, so do not assume that every benefit shown on a statement is an estate asset.
Confirm property, bank and investment accounts, policies, vehicles, business interests, digital assets, household property, debts owed to the deceased and foreign connections. Obtain date-of-death or other required values from appropriate sources.
In a full estate, section 29 notices are published in the Government Gazette and qualifying newspaper or permitted online publication. The stated creditor period must be at least 30 days and may be up to three months. A claim still needs to be checked, not paid automatically.
When section 28 requires it, the executor or representative opens a transactional account in the estate's name with a South African bank and deposits estate receipts there. Estate money should not be mixed with a family member's or agent's personal funds.
An estate may own valuable property but lack cash for debt, tax, rates, levies, maintenance and administration. Insolvency follows a separate process. Obtain advice before paying one creditor or heir in a way that prejudices others.
Tax is part of administration
Every death must be reported to SARS, even if the person was not registered for tax or no estate duty is expected. The Master-appointed executor or administrator is the representative taxpayer. An agent may assist under a valid power of attorney, but the executor remains responsible.
Tax period 1
Outstanding returns and liabilities are resolved under the deceased person's original tax numbers. The final ITR12 covers income and deductions to the date of death and the deemed capital-gains disposal where applicable.
Tax period 2
Rent, interest, trading income or gains after death can belong to the deceased estate. A linked post-death income-tax registration is required when taxable post-death income or a later capital gain arises. A deceased estate is not a provisional taxpayer.
Estate completion
The executor prepares and submits the REV267 with the L&D account as required by SARS and the Master. The estate-specific Deceased Estate Compliance letter is the final SARS confirmation, not an ordinary tax-compliance PIN.
The current estate-duty calculation includes a R3.5 million section 4A abatement, 20% on the first R30 million of dutiable value and 25% above that amount. These figures do not create a universal exemption because deemed property, deductions, spouse treatment, policies and directly liable beneficiaries can alter the result. Likewise, an inheritance is not automatically free of every capital-gains consequence. Use the tax year and facts that apply to the death and later disposal.
Read the estate-duty guideThe estate's central account
In a full estate, the executor must lodge the L&D account within six months after Letters of Executorship, unless the Master grants further time. The six months is a lodgement deadline, not a promise that the whole estate will be finished by then.
The Master examines the account and may issue a J242 query sheet. Lodged does not mean approved. The executor may need to answer, supply vouchers or amend the account.
After examination, a section 35 notice is published and the account lies open at the Master's Office and, where applicable, the relevant Magistrate's Office for at least 21 days. An interested person may object before the period ends. Material amendments may require another inspection period.
Once the statutory objection and review steps are resolved and the account is distributable, the executor pays creditors and transfers or distributes assets according to it. Money that cannot be delivered may have to be paid to the Guardian's Fund.
Property needs a conveyancer
A house does not move to an heir merely because the will names that person. The title, bond, values, debts, estate liquidity, L&D account and Deeds Office requirements all have to align.
The transfer is based on the Master-examined L&D account. Under section 42(1), the conveyancer certifies that transfer to the heir or other entitled person accords with that account. A qualifying inheritance or estate redistribution is generally exempt from transfer duty, but a SARS exemption receipt is still part of the transfer process.
A sale follows different approval rules. Interested heirs generally approve the manner and conditions, with Master involvement in specified cases. Section 42(2) requires the Master's certificate that there is no objection to the transfer. A buyer does not automatically receive the inheritance transfer-duty exemption.
Before lodgement, the conveyancer may need municipal clearance, body-corporate levy clearance, bond cancellation documents, SARS documents and Deeds Office fees. Municipal certificates expire, and unpaid rates, levies, debt or a shortage of cash can delay transfer. A section 18(3) estate follows the Master's directions rather than mechanically repeating the full L&D route.
Milestones, not promises
There is no reliable official national promise for total finalisation. Even an orderly estate must move through appointment, asset and tax work, creditor notice, account preparation, Master examination, public inspection and distribution.
The DOJ 2026/27 performance plan has targets for complete section 18(3) appointments, Letters of Executorship and account examinations. Those are departmental performance targets, not guaranteed completion dates for an individual estate.
Ask the responsible administrator for milestone reporting: estate reported, authority issued, asset and creditor picture complete, SARS case active, account lodged, queries cleared, inspection complete, property lodged and distribution proved. That is more useful than an unsupported single completion date.
Where files commonly stop moving
Wrong jurisdiction, incomplete forms, missing certified identities, commissioning errors or an original will that cannot be found.
Nominee declinations, executor disputes, missing heir nominations, incapacity, security questions or incomplete Master responses.
Slow institution replies, valuation disputes, previously unknown assets, late claims, insolvency or discovery that a small estate exceeds R250,000.
Outstanding returns, representative activation, estate-duty values, post-death registrations, audit, payment or the Deceased Estate Compliance letter.
J242 queries, missing vouchers, amended accounts, objections during inspection, beneficiary disputes or court review.
Title or bond documents, heir disagreement, insufficient cash, municipal or levy clearance, SARS documents, conveyancing queries or Deeds Office rejection.
System interruptions and office backlogs can also matter, but they are not inevitable in every office. A complete, indexed file and an accountable response trail cannot control the queue, but they can reduce avoidable repeat work.
Read the quote line by line
Executor remuneration, government fees, advertising, tax and third-party work are different costs. A responsible quote should separate them and state who receives each amount.
If the will does not fix remuneration, the prescribed tariff is currently 3.5% of the gross value of estate assets and 6% of post-death income accrued and collected, with a R350 minimum. The Master taxes, meaning reviews and allows, the remuneration and may increase, reduce or disallow it in statutory circumstances. VAT applies only where the executor or qualifying agent is VAT registered.
For relevant deaths from 1 January 2018, the published schedule starts at R600 where gross estate value is at least R250,000 but below R400,000. From R400,000, R200 is added for each complete R100,000 above R400,000, subject to a R7,000 maximum. Confirm the current tariff for the death date before quoting.
Do not assume that every listed cost is payable by the heir or always borne in the same way. The will, L&D account, transaction documents and applicable law determine allocation.
Calculate the executor tariff and compare estate costsA clear first handoff
Wills & Trust can collect the basic facts, identify the immediate stage and arrange a referral. The written engagement must name the independent executor, estate administrator, attorney, conveyancer, accountant or tax practitioner responsible for each task.
We record who died, the family's relationship, whether the estate has been reported, the apparent estate size, known property and the immediate difficulty.
We route the enquiry to an independent provider suited to the estate stage and location. This does not itself appoint an executor or create a professional-client relationship.
Before work begins, check the responsible person's identity and credentials, tasks, exclusions, fees, third-party charges, communication schedule and document handover.
Telephone capability for this number must be confirmed before publication. WhatsApp is the current verified website contact route.
Client proof
The repository contains no traceable, permissioned deceased-estate testimonial or case study. Client proof should be added only after the underlying engagement and consent are verified.
Scope
This page covers an ordinary South African deceased-estate process. Foreign estates, insolvent estates, disputed wills, maintenance claims, customary or religious marriage disputes, business rescue, cross-border tax, trusts and litigation need fact-specific professional advice.