South Africa inheritance & deceased estate guide

A practical South Africa–specific guide: wills vs intestacy, reporting to the Master of the High Court, Letters of Executorship/Authority, who can act vs who inherits, documents, banks, property, vehicles, retirement fund benefits, debts, timelines, costs/taxes, disputes and scam prevention.

Start here: 90 seconds to avoid the most expensive mistakes (South Africa)

In South Africa, families often lose months (and sometimes money) because they start with banks or property sales before they have formal authority.

The goal is not to be “fast at any cost”.

It’s to stay in control, keep the estate safe, and get the right authority so institutions will act.

🇿🇦 South Africa at a glance

If you remember nothing else, remember this:

Deceased estates are administered under supervision of the Master of the High Court (Master’s Office).
You’ll usually need a Letter of Executorship (standard estates) or a Letter of Authority (small estates) before banks and property transfers truly move.
Retirement fund death benefits can be a separate track with its own rules and timeline. Start early.

If today you can only do 3 things

Secure core identity + relationship proof: death certificate, the deceased’s ID details, marriage certificate(s) (if any), and children’s birth certificates/adoption orders.
Make a simple asset map: property, bank accounts, vehicles, policies, retirement funds, business interests — and who holds which documents/keys.
Stop pressure-signatures: do not sign broad indemnities, ‘family settlement’ documents, or quick sale paperwork until you understand the authority path and who legally inherits.

For immediate steps and funeral planning, use What to do after a death (South Africa) and Planning a funeral (South Africa).

The 5-step picture (read once, remember forever)

(1) Confirm the track (will vs no will; marriage context; overseas assets) → (2) Confirm who can act (executor/representative) → (3) Get the Master’s letter (Executorship/Authority) → (4) Collect & secure assets / pay debts → (5) Distribute to heirs + keep records.

Bottom line: In South Africa, “the key” is formal authority under the Master’s supervision, plus clean identity/relationship documents and a disciplined paper trail.

Which situation are you in? (fast decision flow)

Pick the right branch early = weeks saved later.

30-second flow (tap where you are)

Valid will + executor willing to act? → Will track
No will / unsure / will disputed? → Intestacy track
Estate likely “small”? → Letters of Authority vs Executorship
Property involved? → Property
Retirement fund / employer death benefits? → Retirement & benefits
Complex family structure (customary marriage, multiple spouses, disputes)? → Special contexts
Bank pressure / “just give me the PIN/OTP” requests? → Banks + Scams

Bottom line: Don’t “start at the bank”. Start by deciding: will or no will, then which Master’s letter you need (Executorship vs Authority).

The South Africa estate roadmap (the whole picture, in order)

A simple sequence that matches how institutions actually work.

If you’re overwhelmed, read this section once. Then treat it as your checklist.

Confirm the legal track: will vs no will; any special family context; overseas assets.
Identify the person who can act: executor (will) or representative/administrator (no will / small estate path).
Report the estate and obtain the Master’s letter (Executorship or Authority).
Collect, secure, and value assets (and identify liabilities).
Deal with debts and expenses and keep records (receipts + ledger).
Distribute to heirs/beneficiaries and close out with a clean paper trail.

Golden rule

Authority first.

Then collection, then distribution. Early distribution is where disputes and personal liability begin.

Bottom line: Most delays come from missing relationship documents, unclear marriage status, and trying to transfer assets before the Master’s letter is issued.

Documents in priority order (the 1–2–3 set)

Get these right and almost everything becomes smoother.

Keep one physical file and a clean scan folder.

Name scans consistently (e.g., “Deceased_ID.pdf”, “DeathCert.pdf”, “MarriageCert.pdf”).

Priority 1

Unlocks the process

Death certificate
Deceased’s ID details (ID/Passport)
Marriage certificate(s) / proof of marriage type where relevant
Children’s birth certificates / adoption orders
Original will (if any) + details of where it’s stored

Priority 2

Asset proof

Property documents (title deed, bond statements)
Bank/investment statements
Insurance policy schedules (check beneficiaries)
Vehicle registration papers
Retirement fund / pension / employer benefit details

Priority 3

Prevents surprises

Debts: loans, credit agreements, sureties/guarantees
List of regular payments (municipal, school fees, subscriptions)
Keys/devices + account access methods (secure, do not share)
Overseas assets / foreign documents (if any)

Tip: ask for each institution’s checklist in writing

Banks, insurers, and retirement funds can have different internal requirements.

Ask for the required documents list in writing (email/letter) and keep it in your file.

Bottom line: Strong relationship proof + clear asset evidence = fewer “please re-submit” loops.

Common document mistakes that cost 2–10 weeks

These are real-world failure points in South African deceased estate work.

Checklist of delays

Submitting unclear/uncertified copies when originals or properly certified copies are required.
Names/ID numbers not matching across documents (spelling, initials, old surnames) with no explanation.
Unclear marriage context (civil vs customary; multiple spouses) and missing proof.
Trying to sell property or ‘share money’ before the Master’s letter is issued.
Assuming retirement fund proceeds follow the will (often a separate statutory process).
Cash withdrawals/ATM activity after death creating suspicion, disputes, or fraud claims.

Bottom line: If something “should be simple” but keeps bouncing back, it’s usually identity/relationship proof, marriage context, or lack of formal authority.

Key terms (plain English, South Africa–style)

If you understand these, you won’t be pushed into the wrong paperwork.

The 7 terms that run everything

Master of the High Court: the supervisory authority for deceased estates.
Estate: the assets and liabilities left behind that must be administered and distributed.
Executor: the person who administers the estate (often named in a will).
Letter of Executorship: formal authority for an executor to act in a standard estate.
Letter of Authority: authority used in smaller estates (a streamlined route).
Intestacy: dying without a valid will; distribution follows intestate rules.
Liquidation & Distribution account: the “estate statement” showing assets, debts, and how the estate will be distributed (a key milestone in many estates).

Bottom line: Most institutions move when you can show: ID + relationship proof + the correct letter (Executorship/Authority).

The Master’s Office and the two letters: what they are and why they matter

In South Africa, the practical question is not “can the family agree?” — it’s “do we have the authority document the system recognises?”

The concept

The Master supervises the estate administration process.

In most cases, to access, transfer, or close major assets, an authorised person needs either a Letter of Executorship or a Letter of Authority, depending on the estate’s size and facts.

Where do you report the estate?

The estate is generally reported to the Master’s Office in the area/jurisdiction connected to the deceased.

If you’re unsure which office is correct, confirm jurisdiction and ask for the current reporting checklist.

Bottom line: Think of the letter as the “key” that unlocks banks, property transfers, and formal administration steps.

Who can apply (who can act) vs who inherits (who gets the assets)

Families confuse these constantly. Clearing it up early prevents conflict and wasted time.

Important distinction

“Who can apply / who can act” is about who leads the legal administration (executor/representative).

“Who inherits” is about who legally receives assets. These can be the same person — but often they are not.

Practical rule

If there is a will, the will usually names an executor.

If there is no will (or no workable executor), an appropriate person may be appointed through the relevant process. In small estates, a representative may be authorised under a Letter of Authority.

Bottom line: Choose 1–2 accountable people to lead the admin, and keep the distribution discussion separate until the facts and authority are clear.

Who inherits in South Africa if there is no will? (simple map)

Intestate outcomes depend on who survives the deceased. This is a simplified overview to orient families — complex situations need careful handling.

Common scenario: spouse + children (rule-of-thumb overview)

A widely-cited rule of thumb is that the surviving spouse is entitled to the greater of:

a fixed amount (commonly referenced as R250,000), or
a child’s share,

and the children share the balance.

A “child’s share” is typically calculated by dividing the intestate estate by the number of children (including representation for deceased children who left descendants), plus the number of spouses in scenarios where applicable.

If there is no spouse or no children

Intestate distribution changes depending on which relatives survive (parents, siblings, more remote relatives). If your family structure is complex, confirm the facts early and get structured advice before anyone signs a “settlement”.

Bottom line: Before anyone “agrees to a split”, confirm the correct intestate framework for your facts — especially if there is a customary marriage context or multiple spouses.

Customary marriage contexts and other special situations (high-level)

South Africa can involve civil/statutory and customary contexts, and family structures can be complex. This section is about preventing ‘wrong-track’ decisions.

Why special contexts matter

Customary marriage context (including where there may be more than one spouse).
Unclear marriage status or missing marriage proof documents.
Minor children and guardianship considerations.
Disputes about paternity/relationships, or a missing/unknown heir.

Safe rule

If any of the above apply, slow down.

Document family structure, collect relationship proof, and avoid irreversible transfers until the correct legal track is confirmed.

Bottom line: “Complex family facts” is a strong reason to keep everything in writing, preserve documents, and get structured guidance early.

If there is a will: how to make the will ‘work’ in practice

A will is a plan — but you still need the authority letter to act.

If there’s a valid will, the named executor is usually the person who applies for the Letter of Executorship and runs the administration.

3 minimum steps

Locate the original will and confirm the executor details.
Build the asset + debt inventory (property, banks, vehicles, retirement funds, business interests).
Start the Master’s reporting process and obtain the required letter before attempting to distribute estate assets.

Real-world problem: executor unwilling / uncontactable

If the executor can’t or won’t act, the estate can stall.

Don’t let it drift: treat it as an early “get structured help” scenario and keep all decisions documented.

Bottom line: Even with a will, institutions still want formal authority and clean ID/relationship documents.

If there is no will: the practical path (intestate administration)

No will doesn’t mean chaos — but it does mean you must follow the intestate framework and the Master’s process.

If there is no valid will, the estate is distributed under intestate rules. Administration still runs through the Master’s supervision and requires the relevant authority letter.

What families should expect

More emphasis on proving relationships (spouse/children/parents).
More risk of conflict if assets were informally shared or controlled by one person.
Property and retirement fund benefits often run on different timelines.

Bottom line: The fastest intestate estates are the ones with strong relationship proof and a disciplined “no informal distribution” rule.

Letters of Executorship vs Letters of Authority (small estate vs standard estate)

This is the fork in the road. Choosing the right letter prevents months of wasted effort.

Letter of Executorship (standard estates)

Track A

Used for larger/standard estates where the full administration process applies under the Master’s supervision.

Executor appointed to administer the estate.
More formal process (including accounting/distribution steps).
Common for estates involving property transfers, business assets, or complexity.

Letter of Authority (small estates)

Track B

Used for smaller estates where a streamlined process may apply.

Master authorises a representative under a Letter of Authority.
Often faster, but still requires clean documents and a clear plan.
Institutions may still request specific forms and certified copies.

Practical note

The “small estate” threshold and service-point options can be described differently in different official and institutional materials.

If you’re unsure which applies, ask the Master’s Office (or the relevant service point) for the current checklist and threshold in writing.

Bottom line: Choose the correct letter early. Wrong letter/path = repeated submissions and stalled banks.

How the process feels in real life (what happens first, next, last)

A calm, realistic sequence so families aren’t shocked mid-way.

Typical sequence

Gather documents → report estate → Master reviews / queries → letter issued (Executorship/Authority) → collect assets → settle debts → final distribution.

What it feels like (normal experience)

Families often feel “stuck” until the letter is issued. That’s normal.

Use the waiting time to clean identity issues, get certified copies, and build a complete assets/liabilities list.

Bottom line: The turning point is formal authority. Before that, focus on gathering evidence and keeping assets safe.

Banks: why accounts freeze (and how to get moving safely)

Banks protect the estate and themselves. Your job is to show authority and keep clean records.

A script that works

“What documents do you require to confirm balances and to release funds?”
“Do you require a Letter of Executorship or a Letter of Authority for this account?”
“How do you handle debit orders/stop orders while the estate is being administered?”
“What is your process if there are multiple heirs/beneficiaries?”

Security rule

Never share PINs, passwords, OTPs, banking-app access, or SIM access codes.

Estate fraud often starts with “just give me the OTP to check something”.

Bottom line: Banks move when you have the right letter + IDs + a clear instruction path — not when the family “agrees verbally”.

Property: the safe approach to inheritance, transfer, and sale

Property transfers are paperwork-heavy — but predictable when you follow the checklist.

Before you do anything with property

Confirm ownership details and whether there is an outstanding bond/mortgage.
Do not sign sale agreements or accept deposits until authority and ownership path are clear.
Keep municipal accounts, insurance, and security stable while the estate is administered.

Practical truth

Property is where “family agreement” collapses under paperwork.

If trust is low, keep communications in writing and keep receipts for every expense.

Bottom line: Property is often the slowest asset class. Prioritise protecting the asset and preventing unauthorised sales.

Vehicles: control first, then transfer properly

Vehicles are easy to ‘move quietly’. Control keys and papers early.

Practical checklist

Record vehicle details and keep registration papers safe.
If multiple heirs, decide (in writing) who the vehicle goes to before transfer steps start.
Avoid ‘sell first, settle later’ if estate authority is not clear — it can trigger disputes.

Bottom line: Control and documentation first; transfer second. Treat vehicles like cash-with-wheels during sensitive periods.

Retirement funds & employer death benefits: the separate track people miss

Retirement fund death benefits can follow their own decision process and timeline — don’t wait months to start this.

What to do now (practical steps)

Identify the retirement fund / insurer / employer HR contact and request the death-claims checklist in writing.
Gather beneficiary details and relationship proof (IDs, birth certificates, marriage certificates).
Track this as a separate workstream from ‘the estate’ and keep a submission log (date, who, what, reference number).

Why this matters

Families often focus on bank accounts and property.

Retirement fund benefits can be the fastest meaningful support if handled cleanly.

Bottom line: Start retirement/employer benefits early. It can reduce financial pressure while the estate process runs its course.

Business interests: separate ‘operations today’ from ‘legal ownership’

If the deceased ran a business, your first job is stability — your second job is correct authority and clean records.

When you should get help early

Employees, ongoing contracts, or cashflow depends on someone signing urgently.
Company shares or close corporation interests need transfer steps.
There are sureties/guarantees, business debts, or commingled personal/business accounts.

Bottom line: Keep the business running with discipline, but avoid informal ownership changes that can become litigation later.

Debts: don’t distribute first and ‘discover debt’ later

The clean approach: list liabilities early, demand evidence, and pay correctly from estate funds.

The common mistake

Distributing assets before a debt review can force heirs to “put money back” later — which often fails and creates family conflict.

Safe debt handling

List all known debts (bond, loans, credit, sureties/guarantees).
For personal ‘IOU’ claims: request evidence (messages, transfers, written agreements).
Keep a simple ledger: every payment, date, purpose, receipt.

Bottom line: If debts might be significant, pause distribution until you have a credible liabilities picture.

Overseas assets & cross-border estates: plan the jurisdiction map early

If the deceased had assets in more than one country, chasing institutions one-by-one is how estates waste years.

Practical strategy

List assets by country and institution (bank, property, brokerage, crypto exchange, employer).
Ask each institution what authority they require (South African letter, foreign authority, resealing, or local court process).
Build time for certified copies, legalisation/authentication, and translations if required.

Bottom line: Multi-country estates succeed when you map jurisdictions first — not when you improvise under pressure.

Deadlines that matter (South Africa-style)

Your biggest risk is not one date — it’s delay compounding evidence loss, disputes, and cost.

1) Report early (don’t drift)

As a practical matter, avoid letting weeks pass with no reporting action.

Early reporting and document gathering reduces rework later.

2) The evidence deadline

In disputes, waiting destroys evidence: documents disappear, people move, phones get recycled. Preserve records early (scans, receipts, messages, notes).

3) The property protection clock

Unoccupied property attracts break-ins and “informal control”. Secure keys, document access, keep insurance and security stable.

Bottom line: Your operational deadline is: “How soon can we submit a clean file and obtain the correct letter (Executorship/Authority)?”

Costs & taxes (South Africa): what families worry about most

People fear ‘inheritance tax’. South Africa’s reality is usually: executor/administration costs + transfer costs + final tax matters + estate duty for larger estates.

Estate duty (high-level, rule-of-thumb)

Estate duty is commonly described as applying above a primary abatement (often referenced as R3.5 million).

Rates are commonly referenced as 20% on the first R30 million and 25% above that. Estate duty is not “every estate” — it’s a larger-estate issue.

Executor remuneration (high-level)

Executor remuneration is typically calculated using a prescribed tariff approach.

It is commonly described as up to 3.5% of gross assets (often plus VAT where applicable), and up to 6% on income accrued/collected during administration.

Estates can also incur Master’s fees, advertising costs, valuations, conveyancing/transfer costs, and other professional fees.

Other tax realities (high-level)

Final income tax matters can require time and paperwork.
Asset disposals/transfers can have tax consequences depending on the facts.
Property transfer costs (conveyancing, bond cancellation, municipal clearances) can be significant.

Bottom line: The cost driver is complexity (property, disputes, business assets, cross-border elements) — not just “estate value”.

If there’s a dispute: protect yourself without ‘blowing up’ the family

The goal is not to win arguments — it’s to prevent asset loss and stop bad signatures.

A 4-step dispute playbook

Pause irreversible moves: no sales, no distribution, no broad releases.
Inventory with evidence: assets, liabilities, who holds keys/documents.
Communicate in writing: meeting notes, confirmations, receipts.
Use the correct authority path and get structured help early if needed.

Bottom line: In estate disputes, documentation beats memory — and calm process beats pressure.

Scams that hit families during grief (and how to block them)

Fraud thrives on urgency and confusion. A few rules shut most of it down.

Common scenarios

“Sign this to unlock the bank” (but it’s a broad indemnity/renunciation).
“Just give me the OTP/PIN to check something” (account takeover pattern).
Cash handling without receipts (money disappears; blame follows).
Pressure to sell property quickly before authority/ownership is clear.
“Agent” offers to fast-track the Master’s process for a large upfront payment.

Simple rules that work

No OTP/PIN/password sharing — ever.
No signature without a clear explanation + you keep a copy immediately.
Receipts for every transaction (even within family).
Use written communication for key decisions and keep a document trail.
If pressured, pause 24 hours and get a second set of eyes.

Bottom line: Scammers rely on speed. You win by slowing down, verifying authority, and keeping receipts.

FAQ (South Africa)

Short answers to the questions families ask most during deceased estate administration.

We all agree as a family. Do we still need the Master’s letter?

Often, yes. Banks, property transfers, and many institutions usually require formal authority (Letter of Executorship or Letter of Authority).

Family agreement helps, but it usually doesn’t replace legal authority.

How long does it take to finalise an estate in South Africa?

It varies widely. Simple estates can take months; complex estates (property, disputes, missing documents, cross-border assets) can take much longer.

The biggest speed factor is submitting a clean file early and responding quickly to queries.

Does a retirement fund payout follow the will?

Often not directly. Retirement fund death benefits can follow a separate decision process and timeline.

Treat it as a separate workstream and start early with the fund/administrator.

Is there ‘inheritance tax’ in South Africa?

South Africa’s tax burden around death is typically framed as executor/administration costs, final tax matters, and estate duty for larger estates.

Exact outcomes depend on facts and thresholds at the time.

What if there’s no will and the family is arguing?

Pause sales and distribution. Inventory assets with evidence, keep communications in writing, and focus on the formal authority path.

Early structured help can prevent “years of fighting”.