Do You Need an Attorney to Handle a Deceased Estate?

When an Attorney is Required

The Master of the High Court in South Africa often insists on the appointment of an attorney to handle a deceased estate, especially in the following circumstances:

• Estate Value: For estates valued at R250,000 or more
• No Will: When the deceased did not leave a valid will
• Complex Situations: In cases involving:
  • Minor children (under 18 years old)
  • Insolvent estates
  • Creation of trusts in the will

Reasons for Attorney Involvement

1. Legal Expertise: Deceased estate administration involves complex laws and regulations
2. Tax Matters: Death triggers various tax issues that require proper handling
3. Master’s Office Interactions: Dealing with the Master’s office can be challenging for first-time executors

When You Might Not Need an Attorney

For smaller estates (valued under R250,000), the process can be simpler:

• A representative may be appointed instead of an executor
• The full formal procedures may not be necessary

Benefits of Attorney Assistance

Even when not strictly required, an attorney can be valuable for:

• Resolving family disputes over the will or estate distribution
• Managing significant assets or insolvent estates
• Guiding executors unfamiliar with South African law

Conclusion

While it’s possible to administer some estates without an attorney, professional legal assistance is often beneficial and sometimes required, especially for larger or more complex estates. The Master of the High Court has the authority to insist on attorney involvement to ensure proper estate administration.