How to Avoid Delays in Your Loved One’s Estate

Practical steps families can take to help the process run smoothly
Infosheet 28 of 28

Some delays in estate administration are unavoidable. The law sets waiting periods that cannot be shortened. The Master’s office has its own processing times. SARS moves at its own pace. These are realities of the system, and no amount of urgency or pressure changes them.

But many delays are avoidable and they are caused by things that are entirely within a family’s control. Missing documents, unanswered queries, family disagreements that stall the process, and interference with the executor’s work are among the most common causes of preventable delay.

This final infosheet in the CDT Educational Series brings together the most practical guidance we can offer on what families can do to help the estate move forward as efficiently as possible. Think of it as a summary of everything the series has covered, distilled into actionable steps.

1 Provide Documents Promptly
  • ID documents
  • Marriage or divorce papers
  • Financial statements
  • Property documents
  • Will and codicils
2 Keep Communication Clear
  • Respond to the executor’s requests
  • Share updated contact details
  • Avoid assumptions — ask questions when unsure
3 Avoid Interference With the Process
  • Do not remove assets from the home
  • Do not negotiate private agreements outside the will
  • Allow the executor to follow legal steps
4 Prepare for Property-Related Delays
  • Municipal clearance can take time
  • Deeds Office backlogs are common
  • Property sales require patience
5 Manage Family Expectations
  • Explain legal timelines early
  • Encourage transparency
  • Address concerns before they escalate

A Note From Our Practice

Losing someone you love is hard enough. The legal process of winding up their estate should not be a source of additional confusion or anxiety. But for most families, it is.

Estate administration in South Africa is a structured legal process governed by the Administration of Estates Act and a range of other legislation. It involves the Master of the High Court, SARS, financial institutions, the Deeds Office, and more. It takes time. It requires documents. And it can feel, at every turn, like a system that expects you to already know how it works.
We created this educational series because we believe informed families make better decisions and because the questions we are asked most often are the same ones that could be answered before a client ever walks through our door.

The CDT Educational Series consists of 28 infosheets covering the full spectrum of deceased estate administration, from the first 72 hours after a death to the final distribution of assets. Each infosheet is written in plain language, without jargon, and is designed to give you a clear picture of what the process involves and why each step exists.

Important: These infosheets are educational resources. They provide general information about the estate administration process in South Africa and are not intended as legal advice. Every estate has its own facts, complexities, and circumstances. Nothing in this series should be relied upon as a substitute for professional legal guidance specific to your matter.

Our intention is simple: to help you understand the landscape, ask the right questions, and feel confident when you come to us for help. Because when you are ready, we are here.

Cari du Toit & Aqeela Peters

Directors
Cari du Toit Incorporated Attorneys & Conveyancers