Legal talk with DBM Attorneys

Question:

My son has died recently. He was in his early 20s and didn’t own much. Can I handle his estate myself, or does a bank or attorney have to do it?

Answer:

The first thing you need to do is to determine the value of your son’s estate, as this will determine how his estate should be administered. If the gross value of the estate is less than R250 000, the estate can be administered by a family member or friend without the assistance of an attorney or bank. This person is referred to as the Master’s representative.

From your question, it is not clear whether your son left a will or not. If he did, he probably would have nominated an executor in his will. If an executor was indeed nominated, the nominated executor will have to apply to the Master to be appointed as executor or Master’s representative.

If there was no will, your son’s natural heirs as determined by law (intestate heirs) will inherit his estate. This could either be a spouse or children, or if none of these exist, his parents. These heirs will then have to nominate a person to be appointed as Master’s representative or executor, depending on the value of the estate.

The administration of an estate of less than R250 000 follows a fairly simple process that saves time and money, for example on advertisements and executor’s fees. However, if there are minor children involved or the will is complicated, the Master could insist on an attorney being appointed or that an attorney should assist the Master’s representative.

All these factors must be taken into account when you consider whether you will be able to administer the estate yourself.

Even if the value of the estate is less than R250 000 and the Master does not insist on the appointment of an attorney, it may still be advisable to seek legal advice in order to establish who the intestate heirs are and to assist you with completing the necessary forms to be delivered to the Master.

Johan de Jager – DBM Attorneys