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Deceased estate administration: what to do first, and who does what

What to do when someone dies in South Africa - death registration, the Master of the High Court, appointing an executor, and how long an estate takes.

Last reviewed:
13 October 2026
Next review:
13 November 2026
Reading time:
4 min read

The short answer

When someone dies, the death is registered with the Department of Home Affairs and a death certificate is issued. The estate is then reported to the Master of the High Court, which appoints an executor. For estates above the threshold in the Administration of Estates Act, the executor must be appointed before assets can be distributed. Where the estate is small, the Master may permit the simpler section 18(3) process. Do not distribute assets before the appointment - doing so creates a personal liability.

The death of a family member arrives with an administrative process attached, and the sequence matters. Doing things out of order - spending a bank balance, transferring a car, distributing furniture - can make a family member personally liable for money they were never entitled to take.

The sequence

1. Certify and register the death

A death must be certified by a medical practitioner and registered with the Department of Home Affairs, which issues the death certificate. Where the death occurs at home, the process runs through a medical practitioner and the reporting requirements; where it occurs in hospital or a facility, the facility usually manages it. Funeral undertakers commonly handle the registration on the family’s behalf.

The death certificate is the key that opens everything else: the bank, the Master, the insurer, the pension fund.

2. Find the will

The will identifies the executor and the beneficiaries. If the deceased left no will, the estate is distributed under the Intestate Succession Act, which sets out who inherits and in what shares - usually a spouse and children, then parents, then siblings.

An invalid will is worse than no will, and the common defects are formal: a will not properly signed or witnessed, a later will that revokes an earlier one accidentally, or a will that leaves an asset the deceased no longer owned.

3. Report the estate to the Master

The estate is reported to the Master of the High Court in whose area the deceased lived. The Master appoints an executor and issues letters of executorship, which is the authority to deal with the estate’s assets.

The executor’s job: identify and value the assets, settle the debts, deal with SARS for a tax clearance and an estate tax return, and prepare a liquidation and distribution account for the Master’s approval. Only after the account is approved - and a period allowed for objections - can assets be distributed.

Small estates

Where the estate is below the threshold set in the Administration of Estates Act, the Master may permit the simpler section 18(3) process, which allows the estate to be settled without a full executorship. This exists precisely to keep small estates out of a long and expensive process, and it is worth asking about directly rather than assuming a full administration is required.

What the family should do immediately

DoDo not
Notify the bank and freeze the accountUse the deceased’s card or online banking
Locate the will and the marriage certificateDistribute household items among heirs
Notify insurers, the pension fund and the employerCancel or change policies in your own name
Keep paying the bond and municipal accounts if you canLet insurance lapse on an unoccupied home
Keep every document and receiptAssume the estate will be quick

Insurance policies and pension funds often pay out independently of the will - a nominated beneficiary on a life policy or a retirement fund typically receives the benefit directly, which is why those nominations matter enormously and are so often out of date.

Documents you will need

The paperwork is extensive and repetitive: the death certificate, the marriage certificate where there is a spouse, birth certificates for children, the will, identity documents of the heirs, the title deed for any property, and bank and investment statements. Gathering it once, in a single file, saves weeks later.

Last reviewed 13 October 2026. Estate administration is governed by the Administration of Estates Act 66 of 1965 and is supervised by the Master of the High Court; this guide is general information, not legal advice. Consult an attorney or fiduciary practitioner for a specific estate.

Checklist

  • Obtain the death certificate
  • Notify the executor nominated in the will, and locate the will
  • Report the estate to the Master of the High Court
  • Notify banks, insurers, the pension fund and the employer
  • Do not distribute or use any asset before the executor is appointed
  • Keep every receipt and account - the estate must be accounted for

Who actually runs this

Master of the High Court - appoints executors and supervises the administration of deceased estates

Go to Master of the High Court (opens in a new tab)

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Frequently asked questions

What is the first thing to do when someone dies?Toggle answer

Obtain the death certificate. If the person died at home, the death must be certified by a medical practitioner and reported so the death can be registered; a funeral undertaker normally handles the registration with Home Affairs and collects the death certificate. Everything else - the bank, the Master, the insurer - follows from that certificate.

Who reports the estate to the Master of the High Court?Toggle answer

The person who takes responsibility, often the nominated executor or an heir, reports the estate within the statutory period. In practice a funeral undertaker or an attorney often assists. The estate must be reported so the Master can appoint an executor, and an estate reported late can attract penalties and interest.

Do I need a lawyer to wind up an estate?Toggle answer

Not by law - an executor can be a family member or a professional. In practice, estates with property, investments or a business are usually administered by an attorney or a fiduciary practitioner, because bond cancellation, transfer of fixed property and tax clearance each need specific expertise. Small estates can go through the simpler section 18(3) process.

Can I use the deceased person’s bank card or access their account after death?Toggle answer

No. The account is frozen on notification of death, and any instruction on it after death is unlawful even if the money was intended for you. Report the death to the bank promptly and let the executor handle the account. Using a card or transferring money afterwards creates a personal liability and can amount to fraud.

How long does it take to wind up an estate?Toggle answer

It depends on the assets. A simple estate with a bank account and no property can be finalised in a few months. An estate with fixed property, a business, or a dispute among heirs can take years. The Master must issue a liquidation and distribution account and allow a period for objections before anything is distributed.

What happens to the family home?Toggle answer

Fixed property must be dealt with through the estate - it cannot simply be transferred by agreement among the heirs. A bond must be settled or taken over, and the transfer is registered by a conveyancer after the Master approves the distribution account. A surviving spouse may have a claim in terms of the matrimonial property regime, which is established from the marriage certificate and the antenuptial contract.

Sources and verification

Confirmed
Source
justice.gov.za
Source published
Not dated by the source
Last verified by us
13 October 2026
Next scheduled review
13 November 2026

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