A deceased estate usually includes the deceased person’s assets, liabilities, bank accounts, policies, property, personal belongings and any other financial affairs that must be dealt with after death.
This article provides a practical overview of the first steps to take when someone dies in South Africa.
1. Obtain the death certificate
The first practical step is to obtain the death certificate. This document will be needed for reporting the estate, dealing with banks, insurance companies, pension funds and other institutions.
Where possible, keep certified copies available, as many institutions may request them.
2. Check whether there is a will
The family should try to establish whether the deceased left a valid will.
The will may nominate an executor and may set out how the deceased wanted the estate to be distributed. If there is no will, the estate will be dealt with as an intestate estate, meaning the heirs are determined according to the applicable rules of intestate succession.
If a will exists, the original will should be kept safely, as it may need to be submitted when the estate is reported.
3. Identify the correct person to deal with the estate
A family member should not simply start dealing with estate assets without proper authority.
Depending on the estate, the Master of the High Court may issue either Letters of Executorship or Letters of Authority. The Department of Justice notes that these letters must be obtained from the Office of the Master.
Until the correct appointment is made, banks and other institutions may refuse to deal with family members.
4. Report the estate to the Master’s Office
The deceased estate must be reported to the Master of the High Court or, in certain cases, through a service point.
The reporting documents will depend on the value and circumstances of the estate. The Department of Justice lists documents such as the original will, Next-of-Kin Affidavit where there is no valid will, inventory of assets, creditors list where applicable, nominations by heirs in certain cases, and certified ID documents for the person to be appointed.
Common documents may include:
- death certificate;
- certified copy of the deceased’s ID;
- original will, if available;
- marriage certificate or divorce order, if applicable;
- inventory of assets;
- details of creditors and liabilities;
- details of heirs;
- nominated executor or representative documents.
5. Understand Letters of Authority vs Letters of Executorship
Not all estates are handled in the same way.
For smaller estates, the Master may issue Letters of Authority under section 18(3). For larger or more complex estates, Letters of Executorship may be required. The Department of Justice forms page confirms that a Letter of Authority under section 18(3) and a Letter of Executorship under sections 13 and 14 are obtained from the Office of the Master.
This distinction is important because it affects who may act, what process must be followed, and what institutions will require before releasing information or funds.
6. Gather information about assets and liabilities
The estate cannot be properly administered unless the assets and liabilities are identified.
This may include:
- bank accounts;
- vehicles;
- immovable property;
- policies;
- pension or retirement benefits;
- business interests;
- furniture and personal belongings;
- debts, loans, credit cards and bond accounts;
- municipal accounts;
- SARS and tax matters.
It is helpful to gather statements, policy documents, title deed information, vehicle papers and any correspondence from banks, insurers or creditors.
7. Keep heirs informed where appropriate
Estate administration can become frustrating when heirs do not know what is happening.
Where legally permissible and subject to POPIA, confidentiality and the authority of the appointed executor or representative, heirs should be kept informed regarding the progress of the estate and the administration process.
Clear communication can reduce conflict and help avoid misunderstandings.
8. Get assistance where the process becomes confusing
Deceased estate administration can involve the Master’s Office, banks, creditors, SARS, property issues, policies, estate accounts and distribution to heirs.
Where the process becomes confusing, delayed or difficult to manage, it may be useful to obtain practical assistance.
Estate Assist, a service by Cloete Inc, assists families, executors and authorised representatives with deceased estate administration support, including estate reporting guidance, Master’s Office follow-ups, estate financial administration, Liquidation and Distribution Account support and finalisation assistance.
Need assistance with a deceased estate?
Estate Assist by Cloete Inc provides practical and transparent deceased estate administration support.
Phone / WhatsApp: 081 330 7820
Website: estateassist.co.za
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