More Details On A Deaceased Estate

Once a person passes away and leaves a deceased estate, their deceased estate must be administered and legally distributed, either in accordance with the provisions of the deceased’s will or, if the deceased did not leave a valid will, in accordance with the provisions of the law of intestate succession. This procedure is overseen by the Master of the High Court, who looks after the interests of the deceased’s creditors, heirs, legatees and other third parties holding an interest in the deceased’s estate

An Executor is either appointed in terms of the will of the deceased, alternatively nominated by the deceased’s loved ones if none was appointed in the will or if no valid will exists. It becomes the duty of this appointed Executor, to administer the estate of the deceased once he or she has accepted the appointment and has been issued with a valid Letters of Executorship.

As the administration process can be rather comprehensive and difficult, it is not always possible for the loved ones of a deceased to carry out this process.

Brief explanation of the duties of an Executor:

1. Report the Deceased Estate to the Master of the High Court
2. Apply for Letters of Executorship / Letters of Authority from the Master of the High Court
3. Take custody of the property of the deceased
4. Open Banking Account
5. Place legal notices to creditors
6. Attend to claims against the estate
7. Determine Solvency of Estate
8. Draw Account
9. Distribute and finalise estate