What are the differences between an executor and a representative in South Africa?

Executor

An executor is appointed to handle larger, more complex estates in South Africa. The key aspects of an executor’s role include:

1. 1. Appointment: Named in the deceased’s will or appointed by the Master of the High Court
   2. Estate Value: Typically handles estates valued at R250,000 or more
   3. Responsibilities:
      • Collect and manage the deceased’s assets
      • Settle liabilities and pay taxes
      • Distribute assets to heirs and beneficiaries
      • Prepare and submit detailed accounts to the Master of the High Court
   4. Legal Authority: Receives a Letter of Executorship from the Master of the High Court
   5. Scope of Duties: Has extensive responsibilities regardless of the estate size, except for very small estates

Representative

A representative is appointed for smaller, less complex estates:

1. 1. Appointment: Typically, the surviving spouse or closest living blood relative
   2. Estate Value: Handles estates valued under R250,000
   3. Responsibilities:
      • Has fewer duties compared to an executor
      • Follows a simplified, informal process for estate administration
   4. Legal Authority: May not receive a formal Letter of Executorship
   5. Process: The Master of the High Court can allow for a shortened, cost-effective procedure

Key Differences

1. 1. Complexity: Executors handle more complex estates, while representatives deal with simpler cases
   2. Legal Powers: Executors have broader legal powers and responsibilities
   3. Formal Appointment: Executors receive formal appointment through a Letter of Executorship; representatives may not
   4. Reporting Requirements: Executors must submit detailed accounts and follow strict legal procedures; representatives have less stringent reporting obligations
   5. Estate Value Threshold: The R250,000 value is a key determinant in whether an executor or representative is required

In both cases, the person responsible for the estate can seek professional assistance, such as from an attorney, to ensure proper administration and compliance with South African law.