Ipfani Makhuvha Attorneys
Family, Personal, Commercial & Property Law

Administration of Deceased Estates

Professional management of deceased estates from initial application through distribution to beneficiaries. We guide executors and families through the complex legal process.

About Administration of Deceased Estates

When someone dies, their estate must be properly administered in accordance with their will and the Administration of Estates Act. Estate administration is a legal process involving obtaining authority to administer the estate, identifying assets and liabilities, settling debts and taxes, and distributing remaining assets to beneficiaries. It can be complex and lengthy, particularly for larger estates. We assist executors and family members in navigating this process with care and competence.

The first step is obtaining a grant of probate (if there is a will) or letters of administration (if dying intestate). This document gives the executor legal authority to deal with the deceased's assets. We prepare applications for these grants, handling the documentation and court process. We also advise on who has priority to act as executor and what the role entails.

Once appointed, the executor must identify and secure the deceased's assets, which may include bank accounts, investments, property, vehicles, and business interests. We assist in gathering asset information, notifying financial institutions, and arranging valuations where needed. We also identify and settle liabilities, including funeral expenses, debts, taxes, and creditor claims. Tax returns must be submitted and estate duties paid if applicable.

Estate administration can involve distributing assets to beneficiaries, managing conflict among beneficiaries, and dealing with specific bequests (e.g., a particular asset left to a specific person). We provide guidance on the order of distribution and assist in practical matters such as transferring property or distributing cash. We also advise on claims by dependants against the estate under the Maintenance Act.

We understand that estate administration occurs during a time of grief. We handle these matters sensitively whilst ensuring the process is completed correctly and efficiently. The typical estate can take 6-18 months to administer, depending on complexity. We manage the process to minimise delays and keep beneficiaries informed.

Common Matters We Handle

  • Applying for a grant of probate to administer a deceased's estate under their will
  • Obtaining letters of administration when someone dies without a will
  • Identifying assets, settling debts, and managing the administration process
  • Settling estate duty and income tax obligations of the deceased
  • Distributing estate assets to beneficiaries and resolving disputes among them
  • Managing claims against the estate by dependants or creditors

Frequently Asked Questions

An executor is appointed by will to administer the deceased's estate. Responsibilities include obtaining a grant of probate, identifying and securing assets, paying debts and taxes, managing estate accounts, and distributing assets to beneficiaries. Executors have a fiduciary duty and must act honestly and in beneficiaries' interests. We advise executors on their duties and guide them through the process.
A straightforward estate with few assets may be administered in 6-12 months. Complex estates, particularly those involving businesses or property disputes, can take 18-36 months or longer. Delays often relate to obtaining valuations, settling disputes with creditors or beneficiaries, or managing tax issues. We work to expedite the process.
They die intestate, and their estate is divided according to the Intestate Succession Act. This typically means assets pass to the surviving spouse, children, and other relatives in a set order. An application for letters of administration (instead of probate) must be made to court. The process is similar to administration under a will but involves intestate succession rules.
Beneficiaries under the will are entitled to their bequests. If there is no will or the will is incomplete, heirs according to intestate succession have claims. Additionally, dependants (spouses, children, parents, siblings) can claim maintenance from the estate if the deceased failed to provide for them adequately. Creditors can claim for debts owing by the deceased.
Estate duty is a tax on the value of assets owned at death. It is payable if the estate value exceeds certain thresholds (currently R3.5 million). The executor must file a return and settle the duty. Certain assets may be exempt or reduced in value for duty purposes. We advise on estate duty liability and strategies to minimise it.
Yes, beneficiaries can challenge the executor if they believe the estate is being misadministered. Grounds include breach of duty, conflict of interest, or failure to account. The court can order the executor to correct their actions or be removed. We can advise both executors and beneficiaries on these matters.

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