Deceased Estate Administration
Diligent, legally sound administration of deceased estates, handled with care and proper process.
Deceased Estate Administration
The death of a loved one often leaves families dealing with grief at the same time as they are expected to manage urgent legal and financial issues. Reporting the estate, identifying assets and liabilities, dealing with the Master's Office, securing property, handling creditors and preparing the estate for distribution can be overwhelming, particularly where the estate is complex or family relationships are strained.
At Spence Attorneys, deceased estate administration is a significant part of our practice. We assist executors, nominated executors, family members and beneficiaries with the legal process of administering deceased estates in South Africa. We understand that this work requires both technical accuracy and practical guidance.
Estate administration is not a single event. It is a process that usually includes reporting the estate, obtaining the necessary authority, gathering information, valuing assets, addressing liabilities, dealing with banks and institutions, preparing accounts, advertising where required, responding to queries and ultimately distributing the estate in accordance with the will or the Intestate Succession Act where there is no will.
Every estate has its own complications. These may include missing documents, immovable property, foreign assets, tax issues, business interests, disputes among heirs, insolvent features, maintenance claims, trusts, loans, usufructs or delays caused by institutions. Proper legal oversight is essential.
Our services include
- Reporting deceased estates
- Guidance on appointment of executor
- Advice to nominated executors and family members
- Full estate administration support
- Drafting and review of estate documents
- Assistance with the Master's Office process
- Liaison with banks, SARS, institutions and stakeholders
- Advice on transfer of assets from estates
- Assistance where disputes arise during the administration process
When to get advice
Legal advice should be obtained as early as possible after death, particularly where there is immovable property, uncertainty about the will, family disagreement, business interests, debt, missing information or delay in reporting the estate.
Why clients instruct Spence Attorneys
Clients instruct us because estate administration requires diligence, legal knowledge, patience and sound process. These matters are rarely quick, and they can go badly wrong if handled casually. We approach them with care and seriousness. We assist families across South Africa from our Pinelands, Cape Town offices.
Planning ahead
A well-drafted will and basic estate plan significantly reduces the administrative burden on executors and beneficiaries. It also reduces the risk of disputes and delays.
Read about Estate Planning and WillsFrequently asked questions
How soon must an estate be reported?
It should be reported as soon as reasonably possible after death.
What if there is no will?
Then the estate is administered in terms of the Intestate Succession Act.
Can property be sold from a deceased estate?
Yes, but the sale and transfer must be handled in accordance with the estate administration process and the executor's authority.
How long does an estate take to finalise?
That varies considerably depending on the estate's complexity, the institutions involved and whether disputes or tax issues arise.
Who may act as executor?
The person appointed in the will may be nominated, but formal authority comes from the Master.
Do you assist beneficiaries who have concerns about an estate?
Yes. We assist both in administration matters and in related disputes where appropriate.