EDUCATIONAL SERIES

Why Estates Take Time — Common Causes of Delays

Helping families understand the realities of the process
Infosheet 7 of 28

Few things cause more frustration during estate administration than delays — especially when it feels like nothing is happening and no one can explain why.

The reality is that most delays are not caused by negligence or incompetence. They are the result of mandatory statutory waiting periods, backlogs in government departments, slow-moving financial institutions, missing documents, or complications with property. Some of these can be managed or minimised. Others simply cannot be shortened.

This infosheet is honest about why estates take as long as they do. It explains the most common causes of delay — both those that are within a family’s control and those that are not. Understanding the reasons does not make the wait shorter, but it does make it less bewildering.

1 Statutory & Other Waiting Periods

These statutory timelines cannot be shortened.

  • Delays in receiving the death certificate from Home Affairs
  • The Master’s office has its own internal administration timelines
  • Creditor notices must run for 30 days
  • L&D Account inspection lasts 21 days
  • The Master may take several weeks to examine documents
  • File losses or office closures can extend waiting times
2 Missing or Incomplete Documents
  • Lost wills
  • Lost filed applications at the Master of the High Court
  • Missing title deeds
  • Unavailable financial statements
  • Unresolved tax issues
3 Property-Related Delays

Property is often the slowest part of an estate.

  • Selling a property
  • Transferring ownership
  • Obtaining rates clearance certificates
  • Resolving municipal account discrepancies
4 Family Disputes
  • Disagreements about the will
  • Objections to the L&D Account
  • Challenges to the executor’s decisions
5 External Institutions

Each institution has its own processing timelines, which can extend to 30 working days.

  • Banks
  • Insurers
  • Pension funds
  • SARS
  • Municipalities
6 Complex Estates
  • Business interests
  • Foreign assets
  • Trusts
  • Insolvent estates

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