Deceased Estates | Close Corporation Registration

Deceased Estates

Our services include the following:

» Reporting of estate at the Master of the High court

» Collection of monies owing to the estate such as insurance

» Policies, salaries and leave

» Negotiate with employers, Pension Funds and the Guardian Fund

» Companies with Act and Regulations

» Transfer of Property to surviving spouse/ beneficiaries

» Drafting of liquidation and disruption accounts

» Distributing of assets to beneficiaries in terms of estate and intestate succession laws

» Drafting of wills

» Management of Testamentary trust to the benefit of the surviving spouse and beneficiaries

» Registration of Trusts, Companies, and Close Corporations

» How to report a Deceased Estate at The Master of the High Court

» Reporting Documents of Estate above R125 000

» Reporting Documents of Estate under R125 000 Sec 18(3) Estate

» The Duties of an Executor

» Interview - Relatives/Associates - Deceased Estates

We also accept referrals from Attorneys and Auditors

How to report an Estate to the Master or to a service Point of the Master

The reporting documents will differ slightly depending on the value of the estate and the type of appointment required.

I if the value of the estate exceeds R125 000, letters of executorship must be issued and the full proceeds prescribed by the Administration of Estates Act must be followed.

However if the value of the estate is less than R125000, the Master may dispense with the letter of executorship, and issue letters of authority in terms of section 18 (3) of the Administration of Estates Act, 66 of 1065. From the 5th of December 2002 all Magistrates offices are service points for the Master. These service points will only have jurisdiction if the deceased did not leave a valid will and the gross value of the estate is less than R125 000. Letter of authority entitles the nominated representative to administer the estate without following the full procedure set out in the Administration of Estates Act.

Reporting documents where the value of the estate exceeds R125000

» Complete Death Notice form – J294

» Original or certified copy of the Death Certificate

» Original or certified copy of Marriage Certificate (if applicable)

» All original wills and codicils or documents purporting to be such if any)

» Next-of -kin affidavit – J192 (if deceased did not leave a valid will)

» Completed Inventory form –J243

» Nominations by the heirs for the appointment of an executor in the case of an intestate estate or where no executor has been nominated in the will or the nominate executor declines the appointment.

» Completed Acceptance of Trust as Executor forms - J190 in duplicate by the person(s) nominated as executor(s)

» Undertaking and bond of security – J262 (unless the nominated executor has been exempted from furnishing security in the will, or is the parent, spouse or child of the deceased)

» Affidavit by the nest of kin of a deceased black person, who has died without leaving a valid will, to the effect that the estate has not already been reported to another Master or Magistrates Office(if applicable)

Reporting documents where the value of the estate is less than R125 000

Complete Death Notice form - J294

Original or certified copy of the Death Certificate

Original or certified copy of the Marriage Certificate (if applicable)

All original wills and codicils or documents purporting to be such (if any)

Next-of-Kin Affidavit –J 192 (if the deceased did not leave a valid will)

Completed Inventory form –J 243

List of creditors or deceased (if applicable)

Nominations by the heirs for the appointment of an executor in the case of an intestate estate or where no executor has been nominated in the will, or the nominated executor declines the appointment.

Undertaking and acceptance of Master’s directions form – J155 (afr) or (eng)

Declaration confirming that the estate has not already been reported to another Master’s office or Service Point of the Master.

If the deceased is a black person and did not leave a valid will anyone of the following additional documents must be lodged at the Service point of the Master;

A marriage certificate as proof that the deceased was at the date of his or her death, a partner in a civil law marriage

I the deceased was married according to civil law, but was divorced or widowed at date of death, an affidavit confirming that the deceased did not enter into a customary union subsequent to the dissolution of the marriage.

An exemption certificate under section 31 of the Black Administration Act, 38 of 1927

An instruction issued by the Minister of Justice that the estate be distribute as if the deceased had been a European and been married out of community of property. (The Intestate Succession Act will apply)

The abovementioned reporting documents must be posted to, or handed in at the Masters Office. Faxed reporting documents are not acceptable.

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