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Frequently Asked Questions – House of Heirs

⏳ How long does it take to finalise a deceased estate?

Every Estate is unique, so timelines can vary. At House of Heirs, we aim to finalise most Estates within nine (9) months. Some Estates may take longer due to factors like missing documents, unsigned paperwork, or delays in confirming the cause of death.

Note: The Master of the High Court must issue a Letter of Executorship (LoE) or Letter of Authority (LoA) before the Estate can be administered.

👤 What is an executorship?

An Executor is appointed by the Master of the High Court to administer the Estate. Responsibilities include:

  • Settling debts
  • Managing financial affairs
  • Distributing assets according to the Will or intestate laws

House of Heirs’ professional Executors make this process seamless, secure, and fully compliant.

📜 How long does it take to distribute an Estate?

The Master of the High Court requires submission of a Liquidation and Distribution Account (L&D) within six months from the date the LoE is issued.

At House of Heirs, we aim to wind up most Estates within nine months, providing timely closure while ensuring all legal and financial obligations are met.

💰 Can an executor use the Estate’s funds?

An Executor may use Estate funds only to cover costs and fees directly related to administering the Estate.

At House of Heirs, our professional Executors are legally accountable. Unlike individual Executors who may need to provide security for the Estate, House of Heirs does not require security, ensuring a smoother and more secure process for your family.

⚠️ What happens if an Estate is not settled?

If an Estate cannot cover all debts, the Executor may:

  • Sell assets to meet obligations, or
  • Request heir contributions to preserve valuable assets like property

If the Estate is insolvent, beneficiaries may not inherit any assets. House of Heirs guides families through these situations with clarity and support.

📊 Does a Deceased Estate Need to Lodge a Tax Return?

Yes. The Executor of the Estate is responsible for lodging all relevant tax returns:

  • 🧾 Deceased Individual’s Tax – From the date of death, ensuring all taxes owed by the deceased are up to date.
  • 🏛️ Estate Tax – From the date of death until the Estate is fully finalised.

The Executor must ensure that all tax obligations are met with SARS, including submitting returns even if the deceased was a pensioner before or at the time of passing.

Once all returns are submitted and approved, SARS will issue a Tax Compliance Certificate (TCC) for the Estate, confirming that the Estate is tax-compliant and ready for administration and distribution.

👤 What Does an Executor of a Will Do?

An Executor of a Will ensures that the deceased’s wishes are carried out correctly, legally, and efficiently. They are accountable to the Master of the High Court, but at House of Heirs, professional Executors may delegate specific tasks to our expert administration team, ensuring a smooth process for families.

Key Responsibilities of an Executor

  • 🖋️ Power of Attorney – Authorise administration service providers to act on behalf of the Estate.
  • 💼 Take Control of Estate Assets – Secure and manage all assets until they can be distributed.
  • 🔒 Safeguard Firearms & Valuables – Ensure firearms, ammunition, and other valuables are safely stored.
  • 📢 Publish Legal Notices – Place notices in terms of Section 29 of the Administration of Estates Act.
  • 🏦 Open Estate Bank Account – Manage all incoming funds and payments from the Estate.
  • 📝 Submit Section 27 Inventory – Provide the Master with an inventory of assets, if required.
  • 📊 Income Tax Compliance – Submit the deceased’s final tax returns and ensure SARS obligations are met.
  • 📐 Finalise Valuations – Determine the accurate value of assets for proper distribution and tax purposes.
  • 📄 Submit Liquidation & Distribution Account (L&D) – File the L&D with the Master of the High Court within six months of receiving the Letters of Executorship.
  • ⚖️ Plan Liquidation & Evaluate Claims – Review debts, liabilities, and claims against the Estate.
  • 💳 Pay Liabilities – Settle all valid claims, taxes, and outstanding expenses.
  • 🎁 Distribute Inheritances – Ensure heirs receive their assets according to the Will.
  • 📑 Submit Estate Duty Return – Report Estate Duty to SARS accurately and on time.
  • Finalise Estate Accounts – Complete the Estate administration process, leaving the Estate fully settled.

At House of Heirs, we make this process seamless for families. Our professional Executors and administration team take care of every step, keeping you informed and ensuring all legal requirements are met.

🏛️ How Do I Register a Deceased Estate?

When a loved one passes away, the Estate must be registered with the Master of the High Court in the deceased’s jurisdiction within 14 days of the death notice.

To open an Estate bank account and begin administration, a Letter of Executorship (LoE) or Letter of Authority (LoA) must be issued by the Master of the High Court:

  • LoE: For Estates with a gross value over R250,000
  • LoA: For Estates with a gross value under R250,000

Key Documents Required by the Master of the High Court

  • 🪦 Death Notice
  • 📄 Certified Copy of Death Certificate
  • 🆔 Certified Copy of Deceased’s ID
  • 💍 Certified Copy of Surviving Spouse’s ID
  • 📜 Original Last Will and Testament (if the deceased had a Will)
  • ✍️ Undertaking & Acceptance of Master’s Directions (in duplicate)
  • 🖊️ Certified Copy of the Executor
  • 📝 Nomination of Executor & ID of Nominator (if relevant)
  • 💰 Inventory of Assets and Liabilities
  • 📌 Declaration that the Estate Has Not Been Reported
  • 💑 Declaration of Marriage (if relevant)
  • 📃 Certified Copy of Marriage Certificate / Divorce Order / Predeceased Spouse’s Death Certificate (if relevant)
  • 📑 Acceptance of Trust Document
  • 👥 Nomination of Representative
  • 🖋️ Affidavit by Next of Kin
  • 🚨 Police Report (if death was unnatural)

At House of Heirs, our specialists guide families through this process, ensuring all documents are prepared correctly, deadlines are met, and the Estate is registered smoothly with the Master of the High Court.