There are 6 Main Steps for Executing on a Deceased Estate
The 6 Main Steps
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.
- 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 from Masters Office once the Master has processed the application.
- 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
- Prepare and submit a Liquidation and Distribution Account
- Assess the financial position of the Estate and compile a final L&D Account(If registered with us, we will review, advise and submit)
- Submit the L&D to the Masters Office for approval
- 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)
- Submit L&D and Magistrates certificate (that no objections were received) to Master, who will issue an authority to distribute the Estate, with potentially some conditions attached.
- Distribute the Estate Assets
- Conclude the final tax returns and obtain release from Receiver
- Pay creditors, distribute assets, transfer fixed property
- Discharge by Master
- Provide Master with documentary proof of distributions per L&D
- Master issues discharge document for Executor
- Final Administration
CHECKLIST
To aid you in the process, please keep this checklist handy which references the structure of the website and will guide you through the process while ensuring no steps are missed.
Should You Register An Estate?
Determine if you need to lodge an Estate with the Master of the High Court. If uncertain, please contact us.