In the administration of a deceased estate, where 90% of the tasks are administrative, it's not uncommon to encounter difficulties that require specialised legal assistance. It is essential to seek legal assistance from attorneys who specialise in this field of law to effectively deal with disputes or legal issues and expedite the resolution of any problems.

At Susandra van Wyk Attorneys, our team has over 32 years of experience in deceased estate administration. We offer proven, innovative, and exceptional solutions for efficiently and timely resolving any legal issues in compliance with all prescribed regulations and legislation.

Our comprehensive estate administration services are provided with expertise and professionalism, ensuring that every aspect of the process is handled with care and attention to detail. We also offer legal support and guidance during the estate administration process, keeping you informed and prepared throughout.

If you encounter any problems during the administration of a deceased estate, do not hesitate to contact our law firm for assistance. We are here to help you navigate any issues that may arise and provide you with the legal support you need to successfully manage the estate administration process.

When someone passes away, the Master's Office appoints either an executor or a master's representative to handle their estate. A master's representative is allowed to follow a more informal process, meaning there are fewer rules and procedures to follow.

To initiate estate administration, the estate's gross asset value must first be estimated. It's important to note that this estimate isn't exact, and the true value can only be determined once the Master officially appoints a master’s representative or an executor. Usually, a master's representative is appointed if the estate is less than R250,000. However, the Master may still appoint an executor in some cases, even if the estate is less than R250,000, depending on the circumstances. To differentiate between the two appointments, the court issues different types of appointment letters. A letter of authority is issued for a master's representative, while an executor receives a letter of executorship.

Regardless of the appointment type, the executor's or master representative’s primary role is to manage and distribute the estate's assets in accordance with the deceased's wishes or, if there is no valid Will, according to the laws of intestacy. This can involve paying off debts and taxes, identifying beneficiaries, and distributing assets.

In summary, before commencing estate administration, the gross asset value must be estimated. Once officially appointed, the executor or master representative can accurately determine the true value of the assets and proceed with their specific tasks and responsibilities.

A deceased estate refers to all the assets, belongings, and debts left behind by a person after they pass away. This can include property, bank accounts, investments, and personal belongings, as well as any Wills or other legal documents.

The reporting process involves notifying the Master of the High Court of the deceased's estate and nominating an executor or master's representative to manage the estate. The nominated person must submit personal documents such as a certified copy of the death certificate and the deceased's ID, along with relevant application forms.

Once appointed, the executor or master's representative is responsible for managing and distributing the estate's assets. This includes paying debts and taxes, identifying beneficiaries, and distributing assets according to the deceased's wishes or the laws of intestacy.

As part of their duties, the executor must advertise for creditors and submit a Liquidation and Distribution account to the Master within six months of being appointed. The Master will examine the account and inform the executor to proceed to advertise the account for inspection by the public. If no objections are raised within the 21-day inspection period, the executor can proceed with distributing inheritances and paying creditors.

It's important for executors or master's representatives to understand their role and obligations to ensure that the estate is managed and distributed according to the law and the wishes of the deceased.

The responsibility of reporting a deceased estate falls on the interested party or executor, who must do so within 14 days of the death. An "interested party" is defined as someone who has control or possession over any of the deceased's property, or someone who possesses a document that appears to be an original copy of the deceased's Will. These individuals have a legal obligation to report the estate to the relevant authorities. Reporting the estate involves submitting relevant personal documents and completed prescribed documentation to the Master of the High Court. Providing information about the deceased's possessions, debts, and other pertinent information is an essential aspect of the reporting process. This information will assist in determining the estate's worth and identifying the legitimate beneficiaries.

It is important for interested parties or executors to understand their responsibilities when it comes to reporting a deceased estate. Failure to report the estate within the required timeframe can result in legal consequences, so it is crucial to ensure that all necessary steps are taken in a timely and accurate manner.

When a person possesses an original Will or a document that appears to be the Will of the deceased, they are legally obligated to deliver the document and a completed Death Notice to the Master's Office that has jurisdiction over the estate. The original document must be sent to the Master's Office via registered post or courier to provide proof that the document was posted to the Master's Office.

Failing to deliver the original Will or document to the Master's Office is a criminal offense, even if it is presumed that the Will has been revoked by a later dated Will.

The primary duty of a person in possession of a Will is to ensure that the document is delivered to the Master's Office in a timely and accurate manner. This is critical to guarantee that the wishes of the deceased are executed properly, and that the appropriate individuals receive their rightful inheritance. Therefore, it is essential for individuals who possess an original Will or a document that appears to be a Will of the deceased to be aware of their legal obligations and make certain that the document is delivered to the Master's Office in a timely and precise manner.

If an original Will cannot be found, a certified copy or any other copy of the Will cannot be accepted by the Master's Office. As a result, the estate will be administered according to the South African intestate succession rules, unless an interested party applies to the High Court to accept a copy of the Will as a valid document.

If the estate is administered intestate, the possessions of the deceased will be distributed among the surviving spouse, children, parents, and/or siblings in accordance with the formula set out in the Intestate Succession Act.

In summary, the absence of an original Will can complicate the estate administration process and result in deceased’s possessions being distributed differently than intended. It is critical for individuals to ensure that their Wills are correctly executed and kept in a secure and safe location to prevent such issues from arising.

Losing the original Will can complicate the estate administration process and create legal issues. Therefore, it is essential to take steps to guarantee that the intended original Will is available to loved ones. Institutions such as banks or attorneys may charge a fee for safekeeping, and if changes are made, extra measures must be taken to ensure the latest original Will is considered the valid one. Wrapup Life Organiser is an online digital platform that can help securely store the whereabouts of the latest Will without compromising privacy. It provides a safe and efficient way for nominated executors to retrieve the latest original Will reflecting the deceased's wishes and instructions.

To determine whether a deceased estate has been reported to a Master's Office, you can check the Master's Integrated Case Management System (ICMS) Web Portal. The Master’s Office website provides information on whether an estate has been reported and assigns an estate number to the file of the deceased estate.

To access this information, visit http://www.justice.gov.za/master/icms.html and search for the relevant estate. If the estate has been reported, an estate number will be assigned to the file, which enables you to track the progress of the estate administration process.

In conclusion, checking the Master’s Office ICMS Web Portal is a convenient way to determine whether a deceased estate has been reported to a Master's Office. This information can be useful for individuals who are involved in the estate administration process or who are interested in learning more about a particular estate.

After appointment, the executor or master's representative assumes the role of a caretaker and is responsible for acting in the best interests of all parties involved in the estate, including creditors, beneficiaries, surviving spouses, and minor children of the deceased.

For estates worth more than R250,000, the executor must follow a formal process of administering the estate, which includes submitting a summary report of how the estate is being managed and distributed, called the Liquidation and Distribution Account. By completing all formal administrative tasks and acting in the best interests of all parties involved, the executor can ensure that the estate is properly managed, and beneficiaries receive their rightful inheritance.

For smaller estates worth less than R250,000, an informal process is followed, and the appointed master's representative is only required to submit a Liquidation and Distribution Account to the Master if instructed to do so.

Overall, the executor or master's representative plays a critical role in managing and distributing the deceased's possessions and paying their creditors from the proceeds of the estate.

Executors, whether they are laypeople or professional fiduciaries, are entitled to a fee for their services in administering a deceased estate. By law, the executor is entitled to a fee of 3.5% of the gross value of all estate properties, plus a further fee of 6% on interests earned on the gross value of income accrued and collected after the deceased's death. Additionally, the executor is entitled to a remuneration of no less than R350.

Gross value is the total value of all the deceased’s possessions before any deductions or expenses are taken away. For example, if the gross value of all estate properties is R1 million, the executor's fee would be R35,000, plus R5,250 VAT if the deceased is a registered VAT vendor.

The Master has the power to reduce any of the executor's fees when examining the Liquidation and Distribution Account (L&D Account) which is a summary report of the winding-up of the estate.

Additionally, the executor must charge VAT on the fees, but only if they are registered as a VAT vendor or if the fiduciary agent appointed to assist in administering the estate is registered. It is also good practice for the executor to note in the L&D Account if they are not registered for VAT, as the Master may otherwise pose it as a query.

The executor may only collect their fees when they are entitled and obliged by law to pay out the creditor claims and distribute the beneficiaries’ inheritances. This happens after the Master has finalized their examination of the executor’s Liquidation and Distribution Account and the Account is advertised, and also no objections were received during the 21-day inspection period of the Account.

Overall, it's important for all parties involved to understand the fees associated with the administration of a deceased estate to ensure a fair and transparent process.

When there is no nominated executor in a valid Will, or when there is no valid Will, the Master's Office follows a process to appoint an elected executor or a master's representative. In most cases, the beneficiaries nominate an executor or master's representative of their choice.

If there is no nominated executor or master's representative, the Master's Office requests that the family of the deceased nominate a family member or a fiduciary agent such as an attorney or accountant to act as the executor or master's representative. The Master's Office has the discretion to confirm or decline to appoint the nominees, or to appoint joint executors or master's representatives.