Deceased Estates Administration
Providing you with a compassionate, respectful and trustworthy service as you bid your loved one farewell.
Time Of Need
The loss of someone close to you can be a very traumatic, emotional time. The last thing you want to do is have to have endless delays in the winding up of the estate of your loved one, causing further grief and frustration. We’re here to assist you.
Cari du Toit Inc Attorneys deals with the administration of all deceased estates, which also covers the administration of insolvent deceased estates, intestate and testate deceased estates, in terms of the Insolvency Act, Administration of Estates Act and Intestate Succession Act.
We can assist you with formulating a strategy that will enable you to move forward legally and financially without hassle. We will take care of all the intricacies of winding up the financial affairs of your loved one, ensuring to prevent any unnecessary delays so as to find closure as soon as possible.
Letter of Authority
For all deceased estates under R 250 000.00, the Master of the High Court will issue a Letter of Authority for the Representative to deal with the estate. We are well versed with these estates and can assist you in completing all required forms for the Letter of Authority to be issued. Once issued, the Representative will be able to close bank accounts and finalise the estate without the need of an attorney, or following the full estate process required for deceased estates over R 250 000.00.
Letter of Executorship
Deceased estates over the value of R 250 000.00 require a Letter of Executorship to be issued by the Master of the High Court. The Executor will also need to be assisted by an attorney. We offered personalised packages to assist Executors in winding up estates over R 250 000.00, which range from full administration, opening of bank accounts, liquidating assets, drawing the Liquidation and Distribution Account to final discharge of the estate. Please contact us to discuss your specific needs and we will provide you with our full service offering.
Where We Can Assist
Assisting you with all aspects of the deceased estate, we provide a focused, dedicated, no-nonsense approach to the intricacies associated with this area of the law.
Appointment of executor
We will assist with formally appointing an executor to administer your loved one’s estate. The executor will meet with you in order to obtain all the relevant information needed.
Reporting to the master of the high court
The executor will register an account of the administration of the estate with the Master of the High Court in the area where your loved one lived.
Notice to creditors
The executor will inform all creditors of the death of your loved one and will request them to institute their claims against the estate within 30 days.
Preparation of the liquidation & distribution account
Your loved one’s bank account will be closed, and a trust will be opened by the executor where all money that forms part of the deceased estate will be kept.
Conforming with the requirements of SARS
The executor of the estate will file income tax returns from the first of the current year until the date of your loved one’s death to ensure the estate is compliant with the requirement of SARS.
Application for various endorsements
If your loved one jointly owned property, the executor will apply for a section 45 or 57 endorsements. If successful, the title deed will reflect the name of the surviving family member.
Estate Duty
The executor will draft accounts that will set out the assets and liabilities, as well as how the deceased estate will be divided and distributed between the heirs of the estate. On approval from Master of the High Court, the executor must pay the creditors and distribute the deceased estate accordingly.
Correspondence with all parties
Others Services Offered
Unlike most other firms, our mission is to get results, and we do that by understanding your personal needs and offering tailored advice specific to your situation.
In addition to administering deceased estates we also draft Wills and provide a handy toolkit and checklist to ensure that your personal file and proof of assets is kept in a secure, safe place.
What is the purpose of the deceased estate?
The purpose is to ensure that an orderly winding up of the deceased’s financial affairs takes place, and also ensures the protection of the financial interests of the heir(s).
What happens if the deceased did not have a will?
If the deceased did not have a will, the legal professional may be appointed by the Master of the High Court to act as the Executor of the deceased estate to handle all the administration relevant to ensure that they can wind up the estate efficiently and effectively.
What will happen if the deceased had a valid will?
The surviving members of the family will consult with a legal professional, within fourteen (14) days from the date of death, or as near to this as possible, with the relevant documentation, to ensure that the legal professional can register the estate with the Master of the High Court.
What documentation do I need to bring with when there is a will, to a consultation?
- Death notice
- Death certificate
- The Original Will
- Marriage certificate and (ANC) ante nuptial contract (if any)
- List of assets (movable and immovable) and any documentary proof to confirm ownership
- I.D documents of the deceased, spouse (s), children