Deceased Estate Administration: What to Expect

When a person dies, their estate must be administered and distributed in accordance with their will (if there is one) or the Intestate Succession Act (if there is not). The process is regulated by the Administration of Estates Act and involves several formal steps — many of which take time and require careful attention to avoid delays or legal complications.

Reporting the Estate

The first step is reporting the deceased estate to the Master of the High Court. This must be done within 14 days of the date of death by the person who has custody of the will or who is responsible for the funeral. The Master's office is located in the jurisdiction where the deceased was ordinarily resident at the time of death. Failure to report timeously can result in delays and, in some cases, penalties.

Appointment of the Executor

The Master appoints an executor to administer the estate. If the deceased left a valid will, the nominated executor is usually appointed. Where the executor is not a registered professional (such as an attorney), the Master may require them to provide security — typically a bond of security — before letters of executorship are issued. The executor's powers arise only once the letters of executorship have been issued.

Liquidation and Distribution Account

The executor must prepare a liquidation and distribution account showing all assets, liabilities, and the proposed distribution of the estate. This account is submitted to the Master and must lie open for inspection for 21 days. Creditors and heirs may object to the account. Once the account is approved, the executor distributes the estate in accordance with it.

Timeframes and Practical Considerations

Estate administration is rarely quick. Complex estates — those involving businesses, trusts, foreign assets, or disputed claims — can take two or more years to finalise. Engaging an experienced attorney as executor or as support for a lay executor reduces delays, minimises disputes, and protects the interests of all beneficiaries. Contact us to discuss the administration of a deceased estate.