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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
When someone dies, their estate — everything they owned and owed — must be administered under the Administration of Estates Act before heirs receive anything. Bank accounts freeze, property can’t transfer, and the family often has no idea what happens next. This guide walks through the entire process, the realistic timeline, and the costs, so families know what should be happening and when.
Reporting the estate (first 14 days)
The estate must be reported to the Master of the High Court within 14 days of death, by whoever has the death certificate, will and asset details — usually the nominated executor or family via an attorney. The reporting pack: death notice, original will, inventory, next-of-kin affidavit and acceptance of executorship. Estates under R250,000 get a simplified Section 18(3) process.
Executor appointment (1–3 months)
The Master examines the will and issues Letters of Executorship — the legal authority to act. Family-nominated executors without experience usually appoint an attorney as agent; the Master often requires professional assistance or security in any event. Nothing lawful can happen to estate assets before Letters issue — no withdrawals, no sales, no distributions.
Administration (months 3–9)
The executor opens an estate bank account, advertises for creditors (Section 29 — 30 days for claims), collects assets, obtains valuations, settles debts and taxes (final income tax return, estate duty where the estate exceeds R3.5 million), and resolves claims. Insolvent estates follow a different track; maintenance claims by survivors and dependants are lodged here.
The Liquidation & Distribution account (months 6–12)
The executor lodges the L&D account with the Master: every asset, liability, cost and the distribution plan. Once the Master approves, the account lies open for public inspection for 21 days at the Magistrates’ Court. If no objections, distribution proceeds; objections are adjudicated first.
Distribution and property transfer (final months)
Cash legacies are paid, movables handed over, and fixed property is transferred to heirs by conveyancers (exempt from transfer duty). The executor closes the account, obtains the Master’s filing slip, and the estate ends. Realistic total: 9–18 months for a clean estate; disputes, missing wills, business interests and Master’s office backlogs extend it.
Costs of winding up
Executor’s remuneration: 3.5% of gross assets (plus 6% on income collected after death) — negotiable downward with professional executors. Add conveyancing on property, Master’s fees, advertising, valuations and estate duty where applicable. Liquidity planning while alive (life policies with beneficiary nominations bypass the estate) is what keeps families funded during the process.
Frequently asked questions
How long before heirs receive their inheritance?
Cash heirs: typically 9–15 months. Property transfers: after L&D approval, add conveyancing time. Section 18(3) small estates move much faster.
Can the family access the deceased’s bank account?
No — accounts freeze at death. The executor pays funeral costs from the estate account once appointed; policies paying named beneficiaries directly are the interim lifeline.
What if there’s no will?
The Intestate Succession Act fixes heirs (spouse and children first) and the Master appoints an executor — usually the surviving spouse, typically assisted professionally.
What if the executor is mismanaging the estate?
Heirs can demand an accounting, object to the L&D account, and apply to the Master or court for the executor’s removal — executor misconduct carries personal liability.
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