Learn how to transfer or sell immovable property in a deceased estate in South Africa. Step-by-step guide for executors, heirs, and families.

Written by Roy Bregman, admitted attorney with over 51 years’ experience in estate law

Introduction: Understanding the Legal Framework

When someone passes away, their estate must be wound up according to South African law. This includes not only movable assets such as bank accounts and cars, but also immovable property such as houses and land.

Because immovable property is governed by strict legislation, transferring or selling it from a deceased estate can be one of the most complex tasks facing executors and heirs. This guide explains the key steps, legal principles, and executor responsibilities involved.

Appointment of the Executor

Reporting the Estate to the Master

The estate must be reported to the Master of the High Court within 14 days of death. Documents include:

• Death certificate and death notice
• Marriage certificate (if applicable)
• Will and codicils
• Inventory of assets
• Executor nomination and acceptance forms

Letters of Executorship vs. Letters of Authority

• More than R250,000: The Master issues Letters of Executorship.
• Less than R250,000: The Master issues Letters of Authority.

Only once these are granted may the executor act in relation to immovable property.

The Executor’s Responsibilities

The executor manages the estate’s assets and debts. Their key tasks include:

• Settling liabilities (taxes, debts, mortgage bonds)
• Preparing the Liquidation and Distribution Account, which must lie open for inspection for 21 days
• Distributing property to heirs according to the Will or Intestate Succession Act

Transfer of Immovable Property

If Married in Community of Property

• The surviving spouse automatically owns 50% of the property.
• The executor deals only with the deceased’s 50%.
• If bequeathed to the spouse, transfer is done via a section 45(1) Deeds Registries Act endorsement.
• If left to another heir, a formal transfer is required.

If Married Out of Community of Property

• The deceased’s share is treated separately.
• If they owned the property outright, the executor manages the full transfer.
• All transfers must be by way of a formal deed of transfer.

Compliance Requirements for All Transfers

• Rates clearance certificate (no outstanding municipal bills)
• Transfer duty exemption from SARS
• Levy clearance certificate (if applicable)
• Settlement or cancellation of mortgage bonds

Sale of Immovable Property

A property may be sold if:

• The Will requires it,
• The heirs agree, or
• The estate needs liquidity.

Master’s Consent

The Master must endorse the power of attorney to pass transfer, supported by:

• Signed sale agreement
• Heirs’ consent (if applicable)
• JM33 form and supporting documents

Distribution of Proceeds

• Sale proceeds are deposited into the estate bank account.
• Liabilities are settled first.
• Remaining funds are distributed to heirs.

Conclusion

Dealing with immovable property in a deceased estate is complex but manageable with careful planning. Executors must strictly follow statutory requirements, obtain necessary consents, and ensure debts are cleared before distribution.

Having a valid Will and well-organised records significantly reduces administrative delays and eases the burden on family members.

FAQs: Deceased Estates and Property

Q: Who transfers property in a deceased estate?
The executor, once appointed by the Master of the High Court, is responsible.

Q: Can heirs sell property without the Master’s consent?
No. The Master’s approval is required before registration of transfer.

Q: What if the estate has outstanding debts?
Debts must be settled first, often by selling property to raise funds.

Q: How long does property transfer from a deceased estate take?
Several months, depending on clearance certificates, SARS approvals, and Master’s processes.

Are you dealing with the complexities of a deceased estate? Our firm has decades of experience guiding executors, heirs, and families through property transfers and estate administration.

👉 Contact us today for expert legal assistance.