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RIP Jay Pillay: Learning by Pretending to Die: 5 Winding up my estate: the whole process

This table is based on the Administration of Estates Act, No 55 of 1966.  It’s legal stuff.

 

What is done? By who? Deadlines &/or duration Counting up from Week 0
“Creation” of the estate Me.  By dying. START Week 0
Appointment of executor, and issue of a letter of executorship.  Documents needed:

1.      Death notice1

2.      Assets inventory of the estate

3.      Original will

4.      Death certificate

5.      Identity document

Master of the High Court.  (Death notice originated by undertaker) 5 weeks Week 5
Advertise in the Government Gazette, and a local newspaper2, notifying readers of my death, and inviting debtors (those who owe the estate) to pay their debts and creditors (those to whom the estate owes money) to submit their claims. Executor Submissions close 30 days after publication.

 

Week 9
Obtain valuation of all assets, value of any insurance policies, etc. Executor No time stipulated.  Assume 2 weeks. Week 11
Establish the solvency3 of the estate by inspecting all assets against all liabilities (debt). Executor No time stipulated.  Assume 1 week Week 12
Create the Liquidation4 and Distribution Account (also known as the Estate Account) and present this to the Master. Executor No time stipulated.

Assume 2 weeks

Week 14
Approve the Estate Account, and thus clear it for public inspection5. Master of the High Court No time stipulated.

Assume 3 weeks

Week 17
Advertise in the Government Gazette and local newspaper2, notifying readers that the Estate Account is open for inspection at the Magistrate’s Court. Executor Submissions close 21 days after publication. Week 20
Authorize the Executor to distribute the estate in terms of the Estate Account. Master of the High Court No time stipulated.

Assume 2 weeks

Week 22
Distribution of the estate. Executor Within 60 days of authorization. Week 30

END

1.      This is the application document to Home Affairs, for the issue of my death certificate.

2.      Look at the public notices section of the Herald.  You’ll find examples there.

3.      When the total value of assets exceeds the total value of debt, the estate is solvent.

4.      Liquidation is a financial term.  If any asset (like my car) is liquidated, that means it is sold for cash.  Liquidation means converting any asset into cash.

5.      This means that any member of the public is allowed to see this.  I will have no financial secrets.  (I knew I couldn’t take my wealth with me.  What I didn’t know was that what happens to it, will be there for all the world to see!)

 

 Jay Pillay’s first two critical decades were spent where his first decade began – in Pietermaritzburg. After studying at ML Sultan Technikon in Durban (anyone remember that place?), he then joined the sugar industry, working in Tongaat, Durban, and Xinavane – a sugar mill village 120km north of Maputo. Oh yes – there was a brief period of unfaithfulness, when he flirted with aluminium in Richard’s Bay. Upon retirement, he and his wife Dorothy – settled in Southport.

 

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Fundiswa Mzobe

Fundiswa Mzobe works as a journalist covering various beats. She started her Caxton career with Ugu Eyethu more than 10 years ago, then went on to work as a digital assistant on the Herald website. She has now progressed to being an out-and-out reporter, with a particular focus on council, crime and political issues. Before that she worked as a radio journalist for a short period of time.
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