The Estate administration process
- The estate administration process must comply with certain administrative formalities and legal requirements. To assist you in understanding this process, the most important aspects are covered below. (N.B: Estates with an asset value of R125 000 or less are administered under section 18(3) of the Administration of Estates Act and some of the legal requirements do not apply to such estates.)
- The first step is the appointment of an Executor by the Master of the Supreme Court.
- The Executor must submit the following documents to the Master of the supreme Court:
- A death notice
- A provisional inventory of the deceased's assets
- An Acceptance of Executorship
- The original will, if any
- A certified copy of the death certificate.
Once the Master is satisfied with the above documents a nominee of an authorized body or an individual will be appointed as Executor in terms of the stipulations of the will by way of a Letter of Executorship. The letter authorizes the Executor to take charge of and administer the assets in the estate. The time taken to obtain such an appointment depends on the Master of the Supreme Court and the nature of the estate.
The Executor then initiates the administration process
The steps are as follows:
- The Executor places a formal notice in the Government Gazette and in the local newspaper, requesting creditors of the estate to submit their claims and debtors to inform him/her of claims in favor of the estate. The advertisement should run for a period of 30 days. (Not applicable to Section 18(3) estates.)
- The Executor obtains valuations of the assets of the estate and balance certificates in respect of cash, assurance/insurance policies and other investments, as well as proof from creditors.
- Once the above have been received, the Executor establishes the solvency of the estate and initiates the process of liquidation and distribution in terms of the provisions of the will, or in terms of the law of intestate succession.
- A statement known as the liquidation and distribution account, reflecting the assets and liabilities of the estate as well as the distribution of the net balance to the heirs, must be submitted to the Master of the Supreme Court within six months of the Master issuing the Letter if Executorship.
- Once the liquidation and distribution account has been approved by the Master, the Executor is authorized to advertise it for public inspection at the local magistrates office for a period of 21 days.
- If no written objections are received within this period, the Master will authorize the Executor to continue with the distribution of the estate within 60 days.
- During this period the Executor must ensure that all assets are formally transferred to the beneficiaries. This process only takes place if no written objections are received within this period with regard to the liquidation and distribution account.
- At this stage the estate is provisionally distrusted and, where applicable, an amount reserved to provide for the following:
- the South African Revenue Services final income tax assessment, which may delay the administration process
- Interest on interest-bearing claims
- Final medical fund statements
- Property tax
- Other unforeseen expenditure
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