EDUCATIONAL SERIES

Selling a Property During Estate Administration

What families need to know when a deceased estate property is sold
Infosheet 18 of 28

Sometimes a property in a deceased estate needs to be sold rather than transferred to a beneficiary. This might be because the will instructs the executor to sell, because beneficiaries agree it is the practical choice, because the estate needs liquidity to settle debts, or because a minor is involved and a property transfer to a minor requires special authority.

Selling an estate property is not a straightforward transaction. The executor — not the beneficiaries — signs all sale documents. The proceeds must go into the estate late account. The sale cannot be finalised until the Master has approved the Liquidation and Distribution Account. And buyers who are unfamiliar with estate sales can become frustrated by timelines they did not anticipate.

This infosheet explains how property sales work within the estate process, what is required legally, and how families and executors can navigate the sale without unnecessary complications.

1 When a Property May Be Sold
  • The will instructs the executor to sell it
  • Beneficiaries agree to sell
  • The estate needs liquidity to pay debts
  • The property cannot be transferred to a minor
2 Steps in the Sale Process
  • Executor obtains property valuation
  • Property is listed and marketed
  • Offer to Purchase is signed by the executor
  • Master’s consent may be required in certain cases
  • Conveyancer handles transfer and registration
3 Special Considerations
  • The executor signs all sale documents — not the beneficiaries
  • Sale proceeds must go into the estate late account
  • The sale cannot be finalised until the Master approves the L&D Account
4 Common Challenges
  • Disagreements among beneficiaries
  • Buyers unwilling to wait for estate timelines
  • Delays in obtaining municipal clearance
  • Deeds Office backlogs
5 Tips for a Smooth Sale
  • Use an estate-experienced agent
  • Set realistic timelines with buyers
  • Keep beneficiaries informed

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