There are 6 main steps for executing on a deceased estate

Once registered, you can click on the relevant links for the forms, templates, and examples, as well as detailed guidance; you can also contact us for any specific questions – we are available on the phone or via e-mail. On the Executive package, all these steps are executed for you, excepting step 5 (which you as Executor must personally manage) and any SARS engagements.

1. Apply for, and be appointed as Executor of the Estate
   • Determine if there is a will, and review this for directions in respect of Executorship and beneficiaries. Assess divorce agreements, and other legal obligations which affect the Estate.
   • Gather all documentation relating to the deceased estate. Certain originals are required, for others certified copies are sufficient.
   • Compile a preliminary list of assets and liabilities
   • Potential Executor to determine and complete the forms required by Masters Office -depends on deceased’s circumstances and will.
   • Submit the forms to the Masters Office.
   • Receive original letters of Executorship (example) from Masters Office once the Master has processed the application. 
2. Administer Estate Assets and Liabilities
   • Advertise in the Gazette / newspapers for Creditors (30 days for lodging of claims)
   • Open an Estate Bank Account
   • Take control of assets of the Estate, and administer the Estate.
   • Register the Deceased Estate with SARS, and determine tax position
   • Provide for minor children or others during this time
3. Prepare and submit a Liquidation and Distribution Account
   • Assess the financial position of the Estate and compile a final L&D Account
   • Submit the L&D to the Masters Office for approval
   • Mater issues “Permission to Advertise” letter noting any pre-conditions before advertising, and all future conditions further down process
4. Advertise the L&D Account and submit a final L&D
   • Once the Master has approved the L&D, advertise the L&D for inspection (21 days) by placing the adverts in the Gazette and local newspaper and submitting the L&D under a cover letter to the local Magistrate
   • After 21 days collect the certificate from the Magistrate evidencing that no objections were received in relation to the L&D
   • Pay the Masters fees – note the referencing required as per the Masters website
   • Submit L&D and Magistrates certificate (that no objections were received) to Master under a cover letter
   • The Master will issue an “Authority to Distribute” the Estate, with potentially some conditions attached.
5. Distribute the Estate Assets
   • Conclude the final tax returns and obtain release from Receiver through application for a “Compliance” Letter which states no taxes are owing.
   • Pay creditors, distribute assets, transfer fixed property
   • Executor takes his fees (may not do so before this point)
6. Discharge by Master
   • Provide Master with documentary proof of distributions per L&D
   • Master issues discharge document for Executor
   • Final Administration