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.

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

The executor will be responsible for all correspondence between the Master of the High Court, the executor, affected parties and third parties as the estate is wound up. The executor will be your point of contact for any questions or concerns regarding the estate whilst it is in the process of being wound up. 

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
How long does the process take?
Each estate is different.

Depending on the nature of the deceased’s assets, such as immovable property, shares, vehicles etc., it will take time to gather all the relevant information to draw the necessary Liquidation and Distribution Account which is submitted to the Master for approval.

If the deceased died without a will, the process is generally a bit longer as the legal representative has to ascertain the deceased’s relatives and where his property was located.
It is always important to consider drafting a will with an attorney, who deals in the day to day administration of the deceased estate.

It is also important that prior to death, all documentation and proof of assets are kept in a secure place to ensure that there is no delay in winding up the deceased estate.

Allow us to assist you in your time of need.

Our objective is to always achieve the best outcome for your family. Reach us at short notice to assist you with winding up the estate of your loved one. Simply fill in the form below and we’ll set up a 30-minute, no obligation, consultation to see how we can assist you going forward.