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Kudos/Complaints

The Process:

  • The estate of a deceased person must be reported to the Master within 14 days from date of death.
  • The person nominated to wind up the estate (the executor or his or her agent – normally a lawyer, accountant or trust company) reports the estate at the offices of the Master, who issues Letters of Executorship, authorising the executor to wind up the estate.
  • On receipt of the Letters of Executorship, the executor arranges the publication of a notice to creditors in a local newspaper and government gazette, inviting them to submit any claims against the estate, within 30 days.
  • Within 6 months of the issuing of the Letters of Executorship, the executor must submit an estate account (liquidation and distribution account) to the Master. This account gives effect to the wishes of the deceased in his will (or the laws of intestacy).
  • Once the Master approves the account, the executor has it advertised and, if no objections are received within 21 days, proceeds to pay out the heirs and beneficiaries, and transfers any fixed property.

The following words are commonly used when dealing with deceased estates:

  • Estate – the property owned by a person at the time of his or her death
  • Testator – a man who makes a will
  • Testatrix – a woman who makes a will
  • Dying testate – when a person dies leaving a will
  • Dying intestate – when a person dies without leaving a will
  • Executor – a man who distributes the estate under a will
  • Executrix – a woman who distributes the estate under a will
  • Letters of Executorship – letters issued by the Master, authorising the executor to wind up the estate

Contact Us

CONTACT US

Tel: +27 (0)11 646-0335
Email: info@bmalaw.co.za

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