When a loved one passes away in South Africa, managing their deceased estate is a legal process that must be handled with care and compliance. Here’s a clear, step-by-step guide on how to report a deceased estate and what follows next.

Who Must Report the Deceased Estate?

The responsibility typically falls to the closest surviving family member, such as a spouse or adult child. In the absence of family, the person in charge of the place where the deceased died, like a hospital or care home manager, must report the death. If the person died abroad but owned assets in South Africa, whoever holds the deceased’s South African property or will must report the death.

When Must It Be Reported?

The estate must be reported within 14 days from the date of death (or from the date of learning about the death if it occurred outside South Africa).

What Documents Are Required?

• Completed Death Notice (Form J294)
• The original will (if available)
• Inventory of assets (property, vehicles, bank accounts, etc.)
• Original South African ID of the deceased
• Certified copy of the Death Certificate

Where to Report

Take all documents to the Master’s Office in the area where the deceased resided. If uncertain, go to the office closest to their last known permanent address.

What Happens Next?

A file will be opened for the estate. If there is a will and an executor is named, that person must apply for Letters of Executorship. If there is no will, the Master will appoint someone suitable to act as the executor.

Tips for a Smooth Process

• Act promptly to collect documents and submit them.
• Keep a record of all interactions and submissions.
• Avoid using any estate funds until authorised.
• Work with a legal professional to reduce errors and delays.

FAQs: Deceased Estates in South Africa

What if the deceased did not leave a will?

The Master of the High Court will appoint a suitable person as executor to wind up the estate according to intestate succession laws.

Can I manage the estate without being appointed?

No. You need Letters of Executorship to legally manage any part of the estate.

What if I’m struggling to get documents?

Ask family, hospitals, or legal professionals. Bregman Moodley Attorneys can assist with document collection and verification.

What if there’s an urgent financial need for dependents?

You must first secure legal authority from the Master. In some cases, emergency access can be arranged with court permission.

Need Help Managing a Deceased Estate?

Bregman Moodley Attorneys provides professional assistance with all aspects of deceased estates. From reporting to the Master’s Office to finalising the estate, our team ensures your legal obligations are fulfilled efficiently and compassionately. Contact us for a consultation or estate assistance. Let our experienced legal team guide you through the process of winding up a deceased estate with confidence and peace of mind.