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How does the Process of winding-up & administering a deceased estate work?

1Obtain all the required documents
The nominated executor or family of the deceased are to attend to the following:

  • Obtain the original Death Certificate;
  • If the deceased has left a Will, obtain the original last Will and Testament

Obtain copies of all relevant deceased estate papers and documents (i.e. bank statements, account statements, title deeds, life assurance policies, etc.). Ensure that they are in order.
2Report the deceased estate to the Master of the High Court
Jan L Jordaan Inc. will arrange an initial consultation with the nominated executor and/or family of the deceased in order to obtain the relevant and required documents and relevant information that will be required to report the estate and apply for appointment of the Executor.

The following documents (inter alia) are prepared to report the deceased estate to the Master of the High Court:

  • Death Notice
  • Acceptance of Trust as Executor
  • Next of Kin Affidavit (if applicable)
3Obtain a Letter of Executorship
After the above mentioned documents have been submitted, the Master will formally appoint the Executor and grant him or her the necessary powers to administer the estate, in terms of a Letter of Executorship.
4Publish the Notice to Creditors
As soon as the Letter of Executorship has been issued by the Master, a Notice to Creditors must be published in the Government Gazette and a local paper where the deceased was ordinarily resident at the time of his death.
5Prepare Liquidation and Distribution Account
Jan L Jordaan Inc will prepare the Liquidation and Distribution Account, which provides details of the deceased’s assets and liabilities
6Inspection Period for Liquidation and Distribution Account
Once the information in the draft Liquidation & Distribution Account has been confirmed by the Executor, Jan L Jordaan Inc. file the First and Final Liquidation & Distribution account to the Master for consent, and publish a Notice of Inspection in the Government Gazette and a local paper where the deceased was ordinarily resident at the time of his death.

The First and Final Liquidation & Distribution Account lies for inspection, at the Magistrate Court, for a period of 21 days, and any possible objections are lodged with Master.
7Payment of Master’s Fee and Submission of Estate Duty Return
During the period of inspection, Jan L Jordaan Inc will attend to payment of the Master’s Fee and submit the Estate Duty Return to SARS.
8Distribution to Heirs and Payments to Creditors
Upon expiration of the 21-day inspection period, without any objections, and after the Master has accepted the Liquidation & Distribution account then Jan L Jordaan Inc will attend to distribution of the estate in terms of the First and Final Liquidation & Distribution Account, which includes:

  • Distribution of assets and transfer of immovable property.
  • Payment to heirs; and
  • Payment of creditors;
9Obtain the Filing Slip
After the completion of the distribution process, Jan L Jordaan Inc needs to provide the Master with proof that the assets have been distributed and all creditors have been paid. If the Master is satisfied, a filing slip will be issued, the estate will be deemed to be finalised and the duties of the Executor are discharged.

 
What can we do for you?

  • We report the estate to the Master of the High Court
  • We obtain the Letter of Executorship or Letter of Authority
  • We gather and manage all the necessary reporting documentation required to wind up the estate
  • We open and manage the estate banking account
  • We place the required advertisements in the local newspaper and Government Gazette
  • We draw up the Liquidation and Distribution account and obtain the Masters’ approval
  • We calculate and arrange the payment of estate duty to SARS, if any
  • We finalise the deceased estate

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