EDUCATIONAL SERIES

What Happens Legally When Someone Passes Away in South Africa

A clear guide for families navigating the first steps
Infosheet 1 of 28

When a loved one passes away, the grief is immediate. The legal obligations that follow are not always something families are prepared for and yet, they begin almost at once.

South African law requires that a deceased estate be reported, administered, and wound up through a structured process. That process involves government departments, financial institutions, and the courts. It has mandatory steps, waiting periods, and documents that must be gathered and submitted in the right order.

This infosheet gives you a clear, plain-language overview of what that process looks like from the beginning — from registering the death at Home Affairs, to locating the will, to reporting the estate to the Master of the High Court, through to final distribution. It is designed to help you understand what lies ahead so you can approach each stage with clarity rather than confusion.

If you are in the early stages of dealing with an estate and are not sure where to start, this is the right place to begin.

1 Registering the Death
  • A medical practitioner completes the Notification of Death (BI1663).
  • The death is registered at Home Affairs.
  • The family receives the official Death Certificate (BI132).
2 Locating the Will
  • The original will must be found as soon as possible.
  • The will identifies the executor and outlines the deceased’s wishes.
  • If no will exists, the estate follows the Intestate Succession Act.
3 Reporting the Estate
  • The estate must be reported to the Master of the High Court.
  • Required documents include the death certificate, will (if there is one), preliminary inventory, and other mandatory reporting forms.
  • The Master issues Letters of Executorship if the estate is over R250 000, or Letters of Authority if it is less.
  • In certain instances, the Master may request that an attorney or suitably qualified person be appointed as Agent to assist the Executor.
4 Executor Begins Administration
  • Once the Letter of Executorship is issued, the Executor must secure assets and gather financial information.
  • The estate is published in the newspaper for creditor claims.
  • The Executor has a legal duty to settle debts, realise assets, and prepare the Liquidation & Distribution Account.
  • The executor contacts all banks, financial institutions, and companies where the deceased held assets.
  • The executor is also responsible for ensuring the deceased’s taxes are up to date.
5 Distribution and Finalisation
  • Once estate assets are gathered, debts are paid, and SARS is settled, the executor prepares the L&D Account.
  • The Account is inspected and approved by the Master.
  • Once approved, the executor distributes assets to the heirs.
  • The estate is closed once all requirements are met, including tax compliance with SARS.

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