Deceased Estates attorneys in South Africa

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Plain-language guide

What a deceased estates attorney does.

A deceased estates attorney winds up the estate of someone who has died: reporting the estate to the Master of the High Court, obtaining letters of executorship, gathering the assets, advertising for creditors, paying debts and estate duty, lodging the liquidation and distribution account, and transferring what remains to the heirs. They act as executor or as agent for a family member appointed executor.

When you need one

A family member has died and you do not know what must be reported or where.
You have been nominated as executor in a will and want professional help or want to hand the role over.
The estate includes property, a business or foreign assets.
There is a dispute among heirs, or a claim against the estate.

How fees usually work

The executor fee is set by regulation at 3.5% of the gross value of the assets plus 6% of income collected after death, plus VAT, and it is a maximum that can be negotiated down before the appointment. Estates under R250 000 are dealt with under section 18(3) with letters of authority and no executor fee. The executor fee calculator on this site shows the tariffed costs.

Questions to ask before you instruct

Will you charge the full tariff, and will you put your fee in writing before the appointment?
How long do you expect the estate to take, and what usually delays it?
Does this estate qualify for the section 18(3) process?
How will you keep the heirs informed during the administration?

See the listed practitioners Estimate the executor fee and estate costs

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Deceased estates attorney questions

How soon must a death be reported to the Master?

The Administration of Estates Act requires the estate to be reported to the Master within 14 days of the death if the deceased left property in South Africa. The reporting documents include the death notice, the original will, an inventory and the nomination of an executor.

What does an executor charge in South Africa?

The prescribed tariff is 3.5% of the gross value of the assets and 6% of income earned by the estate after death, plus VAT where the executor is a vendor. It is a maximum and can be negotiated, particularly on large or simple estates. The Master approves the fee when the account is lodged.

What is a section 18(3) estate?

An estate with a gross value below R250 000. Instead of appointing an executor the Master issues letters of authority to a representative, usually a family member, who collects the assets and pays the debts without lodging a formal account. No executor fee is charged, although an attorney may be paid for assisting.

For the practitioners listed here

Software built for deceased estate practices.

The Administration of Estates Act chain worked out from the events you record, estate money in trust, and fee notes at each stage.

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