theresa@lbvorster.co.za
028 313 0136
THE PROCESS OF ADMINISTERING A DECEASED ESTATE
The Administration of Estates Act, 66 of 1965 (“the Act”) to a large extent determines how a deceased estate is to be administered/wound up.
Once we have received instructions to attend to the administration of an estate, we will embark on the standard process that can take up to 12 (twelve) months to complete. The actual time duration will depend entirely on the unique circumstances of each estate and the cooperation received from the different role players throughout the process.
Should anything unforeseen happen during the process that may entail a delay we shall advise you as soon as possible and try to provide you with an indication as to the extent of such delay. Otherwise, we will be reporting to you at the 25 stages explained below:
| REPORT | WHEN? | |
| 1 | We received instructions to administer the deceased estate of _________________ | immediately |
| 2 | The executor/family member has furnished us with the required FICA-documents | 2 – 3 days |
| 3 | The executor/family member has furnished us with the information and documents necessary for reporting the deceased estate to the Master of the High Court | 1st week |
| 4 | The documents for reporting the deceased estate to the Master have been completed and are ready for signature by the executor | 1st week |
| 5 | The documents to be forwarded to the Master have been signed by the executor | 1st week |
| 6 | The deceased estate has now been reported to the Master | 1st week |
| 7 | The Master has issued the formal Letters of Executorship/Authority | 4th week |
| 8 | The required 30-day debtor and creditor notices will be published in the Government Gazette and a newspaper circulating in the area | 6th week |
| 9 | A bank account in the name of the deceased estate has been opened with Investec | 6th week |
| 10 | Appropriate letters have been forwarded to all relevant institutions supported by certified copies of such documents as required by them | 6th – 8th week |
| 11 | The following institutions have responded to our letters to them: | 16th week |
| 12 | We are sending reminders to the following institutions: | 20th week |
| 13 | We have now received acceptable responses to all our letters and will now commence with the drafting of the liquidation and distribution account | 23rd week |
| 14 | We have forwarded a copy of the liquidation & distribution account to the executor/heirs for their comments before submitting the account to the Master | 28th week |
| 15 | We have submitted the liquidation & distribution account to the Master for approval | 30th week |
| 16 | The liquidation & distribution account was approved by the Master | 34th week |
| 17 | The required notices whereby the account is to lie open for inspection for 21 days will be published in the Government Gazette and a newspaper circulating in the area | 36th week |
| 18 | No objections were raised against the liquidation & distribution account and we are now proceeding with the distribution of the estate in terms of the will | 40th week |
| 19 | The estate has been distributed/payment of cash legacies has been effected according to the will, save for the immovable property that will now be transferred to the heir in terms of a process that can take up to 8 weeks to complete | 42nd week |
| 20 | The transfer documents have been prepared and are ready for signature by the executor | 44th week |
| 21 | The transfer documents have been signed by the executor | 44th week |
| 22 | The transfer documents have been lodged at the Deeds Office for registration in name of the heir | 46th week |
| 23 | Registration of transfer of the immovable property into the name of the heir has been effected in the Deeds Office | 48th week |
| 24 | We have complied with the final administrative requirements of the Master after the estate and now await the Master’s confirmation of completion. | 50th week |
| 25 | The Master has confirmed that the estate can be deemed finalized. | 52nd week |
How can we assist you?
For any legal matter you may need assistance with please do contact LB Vorster Incorporated.
Phone: 028 313 0136
Cell: 064 859 0006
Email: theresa@lbvorster.co.za
Address: Suite 24/25, Upper Floor