What happens when someone dies? Local attorney explains the estate administration process

Anna-Rentia Muller, local practising attorney and conveyancer with over 15 years of post-admission experience, shares insights into the process of administering an estate.

Losing someone dear is deeply emotional, and while coping with grief, you may also be faced with a daunting legal task: the administration of their estate. Many people do not know what this process involves.

Here are the basics in simple terms:

What is an estate?

When a person dies, everything they owned – their house, car, bank accounts, and personal belongings – forms part of their estate. Their debts and funeral expenses also need to be settled from that estate.

First step:

Reporting the death to the Master of the High Court

Within 14 days of someone passing, their estate must be reported to the Master of the High Court in the area where they lived.

You need:

• Their original will (if applicable)

• Certified copies of the death certificate and ID

• Completed death notice and burial forms

• Details of all assets and liabilities

• ID documents or birth certificates of next of kin

Who administers the estate?

If there is a will, it usually names an executor, the person responsible for managing the estate.

If no will exists, the family can nominate someone, but the Master must approve that appointment.

The executor must be authorised before they can start acting on behalf of the estate. This is done by issuing a formal document called Letters of Executorship (if the estate is above R250,000) or Letters of Authority (for smaller estates).

What does an executor do?

• Open a bank account in the name of the estate

• Collect all assets

• Pay debts

• Prepare a liquidation and distribution account to be approved by the Master of the High Court

• Distribute what remains to the beneficiaries once the Master has provided his instructions for distribution.

It is a big responsibility and not always straightforward. That’s why executors often appoint attorneys to help them navigate the legal and financial aspects.

Things to watch out for

• Never give away or sell the deceased’s assets before the estate has been formally administered.

• Make sure the Master’s office properly appointed the person handling the estate.

• Ask for help if you’re unsure; it’s better than making costly mistakes.

Final thoughts

Administering an estate is not just paperwork; it is about ensuring your loved one’s wishes are honoured and their legacy protected.

The legal steps may feel overwhelming, but guidance is available. Don’t hesitate to reach out to a professional if things get confusing.

• This article is compiled for informational purposes and aims to assist families in understanding their legal rights and responsibilities when a loved one passes away.