How To Become An Executor Of An Estate Without A Will In South Africa

The Executor of your estate is the person appointed to see to the administration of your estate once you have passed away.

How Do You Become the Executor of an Estate Without a Will?

The executor of an estate is the person who handles a deceased person’s affairs after they have passed away. You can find out who is named executor by reading the will itself. But sometimes an individual passes away with no will in place, so there is no named executor.

Assigning an Executor Without a Will in South Africa

If no will was left, the decedent is said to have died “intestate.” In this case, someone must still be in charge of settling the estate but, because no one has been selected by the decedent, the court must appoint someone.

If you would like to become the executor of an estate without a will, here are some basic steps to follow.

Determine Priority for Appointment

Usually, the first in line to serve as executor is the surviving spouse or children. If the decedent is survived by someone above you on the priority list, you may need to obtain waivers from those people.

In Pennsylvania, for example, the Probate Code provides that those who may inherit under the will (if there is one) have first priority for being granted the “Letters of Administration” required to administer the estate.

Complete a Petition for Administration

You will need certain information to file the petition and proceed with administration. Some common documents you will likely have to provide include:

Death certificate of the deceased

Your own photo identification

Approximate estimate of estate’s assets

Names and addresses of all living relatives of the deceased

Receive Court Appointment and Administer Estate

If you have provided all of the required information and the court approves your request, you will receive an appointment as the estate administrator.

Once you receive authorization from the court, you can begin wrapping up the estate’s affairs. Carrying out this duty entails making sure the estate’s debts are paid before administering the remaining assets

How do I get a letter of Executorship in South Africa?

To obtain a letter of executorship in South Africa, one must report the death of the deceased and apply for a letter of executorship to the Master of the High Court within 14 days. The court permits executorship only in the presence of a death certificate.

Who becomes executor of estate without a will?

In most states, the surviving spouse or registered domestic partner, if any, is the first choice. Adult children are usually next in line, followed by other family members. If no probate proceeding is necessary, there won’t be an official personal representative for the estate.

What happens if someone dies without a will in South Africa?

Dying without a Will in South Africa, means your deceased estate will be administered under the Intestate Succession Act 81 of 1987 (“Act”), also known as the rules of intestate succession. In the case where the deceased is survived by only descendants, the estate will be equally distributed between the descendants.

What happens to a deceased estate without will in South Africa ?

If a person (“deceased”) dies without a Last Will and Testament, his/her deceased estate (the assets s/he owned at time of death) will be distributed in terms of the Intestate Succession Act (“Act”). If the deceased is survived by only a spouse, the spouse will inherit his/her entire deceased estate.

How much should an executor of an estate get paid in South Africa?

It is the Executor’s responsibility to report the death to SARS, pay any tax or capital gains tax and calculate any estate duty owing. The Executor’s fee is calculated at 3.5% of the estate’s assets (excluding VAT)

How long does it take to get a letter of Executorship in South Africa?

The Master issues Letters of Executorship about 3 months after receiving the Reporting Documents. Once Letters of Executorship have been issued the Executor is authorized by the Master to act on behalf of the estate and to continue with the winding up process.

Can executor sell property without all beneficiaries approving in South Africa?

The executor can sell property without getting all of the beneficiaries to approve. Once the executor is named there is a person appointed, called a probate referee, who will appraise the estate assets.

How long does it take to get a letter of authority in South Africa?

The document is obtained from the Office of the Master of the High Court of a Magistrates court and can take up to 120 days to be issued.