How to apply for letter of executorship in south africa

Applying for a Letter of Executorship in South Africa is a crucial step in managing and administering a deceased person’s estate. This letter gives the appointed executor the legal authority to manage the deceased’s estate, settle debts, and distribute the assets to the rightful heirs.

Here’s a step-by-step guide on how to apply for the Letter of Executorship:

1. Report the Estate to the Master of the High Court

The estate must be reported within 14 days of the person’s death. You can report the estate to the Master of the High Court in the area where the deceased lived or, if they were not residing in South Africa, to any Master’s Office.

Documents required to report the estate:

  • Death Notice (form J294), completed by a close relative or the person who reports the death.
  • A certified copy of the death certificate.
  • The original will (if one exists) or a declaration that the deceased died intestate (without a will).
  • Inventory of the deceased’s assets (form J243).
  • Next of kin affidavit (form J192), indicating the family members or heirs.
  • A list of creditors, if any.
  • Marriage certificate (if applicable), or proof of partnership.
  • If the deceased was married in community of property, the marriage contract is required.

2. Submit the Documents to the Master’s Office

Once you have gathered all the required documents, you need to submit them to the Master of the High Court. The Master’s Office in your province will open a file for the estate and review the submitted documents to verify the validity of the will (if applicable) and the correct appointment of an executor.

You can find the list of Master’s Offices here:

3. Appointment of the Executor

If the deceased left a valid will nominating an executor, the Master will consider that person for appointment. If the deceased died without a will, the Master will appoint an executor, usually a close family member or professional estate administrator.

If the estate is valued at less than R250,000, a Letter of Authority may be issued instead, allowing the executor to manage the estate more informally.

4. Obtain the Letter of Executorship

Once the Master approves the executor’s appointment, a Letter of Executorship (form J238) is issued. This letter is essential because it legally authorises the executor to:

  • Access the deceased’s bank accounts.
  • Pay creditors.
  • Distribute the assets according to the will or Intestate Succession Act.

5. Requirements for Executors

  • The appointed executor must be competent and over 18 years of age.
  • In cases of conflict or if the estate is complex, the Master may require a professional (such as an attorney or trust company) to be appointed as co-executor.

6. Executor’s Responsibilities

Once you’ve received the Letter of Executorship, you are responsible for:

  • Paying the deceased’s debts.
  • Handling tax matters with SARS.
  • Preparing a Liquidation and Distribution Account showing how the estate will be divided.
  • Distributing the remaining assets to the heirs.

7. Fees for Application

There is no direct fee for applying for a Letter of Executorship, but there may be costs involved in obtaining necessary documents (like certified copies, valuations, etc.). Executors are entitled to a fee for administering the estate, which is usually capped at 3.5% of the gross value of the estate, plus VAT.

For more details on the forms and the application process, visit the Department of Justice website: Master of the High Court.


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