Intestate Estate Administration in South Africa: A Step-by-Step Guide

When a person dies without a valid will, their estate is intestate and must be administered under the Administration of Estates Act 66 of 1965, with heirs determined by the Intestate Succession Act 81 of 1987. The process runs under the supervision of the Master of the High Court, and while it is methodical, it catches many families out because of the paperwork, the deadlines and the number of steps involved. Here is what actually happens, in order.

1. Report the estate to the Master

Within 14 days of the death, the estate must be reported to the Master of the High Court in whose area the deceased lived. This means lodging the death notice, the death certificate, an inventory of assets, and the reporting documents. The Master uses this to open a file and issue a reference number.

2. Appointment of the executor

The Master appoints an executor and issues Letters of Executorship (for estates above the small-estate threshold) or Letters of Authority (for smaller estates). Only once appointed does the executor have legal authority to act — to open the estate bank account, deal with the banks, and collect assets.

3. Determine the heirs

Because there is no will, heirs are established under the rules of intestate succession — spouse, children, and, where a child has died before the deceased, their descendants by representation. Getting this family tree right is critical, and it is where disputes most often begin.

4. Advertise for creditors (Section 29)

The executor advertises for creditors in the Government Gazette and a local newspaper, giving creditors 30 days to lodge claims. This protects the estate and the heirs.

5. Collect, value and settle

Assets are gathered and valued; debts, the funeral account and estate expenses are settled from the estate. The executor keeps meticulous records — every receipt and payment must be accounted for.

6. The Liquidation & Distribution (L&D) account

The executor draws up the L&D account — a full statement of what came in, what went out, and what each heir will receive. It is submitted to the Master for examination.

7. Advertise the account (Section 35)

Once the Master approves it, the account lies open for inspection for 21 days at the Magistrate's Court, advertised so any interested party can object.

8. Distribute to the heirs

With no objections and the Master's approval, the executor distributes the assets to the heirs according to the account.

9. Finalise and discharge

The executor files proof of distribution and the Master discharges them. The estate is closed.

How long does it take?

A straightforward intestate estate typically takes 9 to 18 months; complex estates take longer. The biggest delays come from missing documents, unresponsive heirs, and errors in the L&D account that the Master sends back.

This article is general information, not legal advice. For a specific estate, consult an attorney or a professional executor.