Who Must Report the Deceased Estate

• If someone dies in South Africa and left property or a will, the closest family member must report the death to the Master of the High Court.
• Examples of closest family members: spouse, adult child, or another close relative.
• If there is no family member available, then the person responsible at the place where the person died must do the reporting.
• For example, this could be a hospital manager or care home manager.
• If the person died outside of South Africa but owned property or left a will in South Africa, the person who has control of the property or will must report the death.
• The report must be made within 14 days from the date of death or, if the death occurred overseas, within 14 days of learning about the death.

Timing – When to Report

• The deceased estate must be reported to the Master of the High Court within 14 days of death or of receiving news of the death (if the person died overseas but owned property in South Africa).

Prepare and Collect the Required Paperwork

Complete the Death Notice form.

This form collects key information about the person who died (the “deceased”).

Collect all required supporting documents:

• The original will (if there is one).
• A full inventory (list) of everything the deceased owned (e.g., house, car, bank accounts, any other property).
• The deceased’s official South African ID document (Identity Document).
• The official Death Certificate.

Where and How to Submit

• Take the completed Death Notice form and all supporting documents to the office of the Master of the High Court.
• Go to the Master’s Office in the area where the person lived.
• If uncertain, go to the office closest to the deceased’s last permanent address in South Africa.
• Submit all documents in person (where possible) to open a file for the deceased estate.

What Happens at the Master’s Office

• The Master’s Office will open a file for the estate of the deceased.
• If there is a will and it names an executor:
• The executor must apply to the Master’s Office for “Letters of Executorship”.
• This document gives the executor the legal right to wind up (close and distribute) the estate.
• If there is no will, or if the named executor is unable or unwilling to act the Master will appoint someone suitable to be the executor.

What the Executor Must Do

• The executor takes control of all property and belongings of the deceased.
• They must open a bank account in the name of the deceased estate.
• The executor must publish a notice in the local newspaper so that anyone who is owed money by the deceased can make a claim.
• The executor is responsible for all steps needed to wind up (finalize and distribute) the estate according to the law.

Important Notes and Rules

• Do not sell, give away, or use any of the deceased’s assets or belongings without written permission from the Master of the High Court.
• No assets can be disposed of until the executor is formally appointed and authorized.
• If the estate is small (less value or simple assets), the Master may allow a simpler, faster process to wind up the estate.
• If you find the process complicated or are unsure of any of the steps, ask a lawyer or professional estate administrator for help.
• Getting advice is especially important if there are disputes, no will, multiple heirs, or if the deceased owned property in more than one province or country.

Tips for a Smooth Process

• Make sure all documents are originals or certified copies, especially the will, ID, and Death Certificate.
• Prepare a clear and accurate inventory of all assets as soon as possible.
• Keep records and copies of all submissions and communications with the Master’s Office.
• Avoid using or moving any property or funds of the deceased until the executor is officially appointed.
• If in doubt at any point, immediately seek professional legal advice.

Frequently Asked Questions (FAQs)

Q: What if the deceased did not leave a will?

The process is the same, except the Master will choose someone suitable to be the executor of the estate.

Q: Can I act as an executor without Letters of Executorship?

No. Only someone who has been officially appointed (granted Letters of Executorship by the Master) can manage the deceased estate.

Q: What if I have trouble collecting the documents?

Seek help from other family members, the place where the person died, or consider professional legal advice.

Q: How do I handle urgent financial matters for the deceased’s dependents?

Before any funds or assets are accessed, you must secure Letters of Executorship or written permission from the Master.