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Losing a family member is hard enough without a pile of paperwork landing on top of it. If you have been told the estate must be reported to the Master of the High Court, or you are trying to work out whether the family can handle things without professional help, an estate lawyer is usually the fastest route to clarity.
This guide explains what an estate lawyer does in South Africa, what the work costs, how long it takes, and how to find a deceased estate lawyer suited to your situation.
What does an estate lawyer do in South Africa?
Deceased estates in South Africa are administered under the Administration of Estates Act 66 of 1965, and the process is closely supervised by the Master of the High Court. An estate lawyer manages that process from start to finish.
The work typically runs as follows:
- Reporting the death to the Master of the High Court, which must happen within 14 days
- Obtaining Letters of Executorship, or a Letter of Authority in the case of a small estate
- Opening an estate bank account and advertising for creditors to submit claims
- Identifying, collecting and valuing all assets and liabilities
- Settling debts, income tax, capital gains tax and any estate duty owing
- Preparing the liquidation and distribution account and lodging it with the Master
- Advertising the account for public inspection
- Transferring property, paying heirs and obtaining a final discharge
Many estate lawyers also work on the other side of the timeline, drafting wills, setting up trusts and advising on estate planning so that the administration is simpler when the time comes.
Estate lawyer, estate attorney or executor: what is the difference?
In South Africa the terms estate lawyer and estate attorney are used interchangeably. Both refer to a legal practitioner admitted and enrolled with the Legal Practice Council who works on deceased estates.
The executor is different. That is a formal role, not a profession. The executor is the person the Master appoints to administer the estate, and they are personally accountable for doing it correctly. An estate attorney may be nominated as executor in the will, or may act as agent for a family member who has been appointed but does not have the time or expertise to do the work.
A wills and estates lawyer usually signals a practitioner who covers both sides, drafting the will during a client’s lifetime and administering the estate afterwards.
When do you need a deceased estate lawyer?
Not every estate needs one. Where the total value falls below R250 000, the Master may dispense with formal Letters of Executorship under section 18(3) of the Administration of Estates Act and issue a Letter of Authority instead. Many families manage those estates themselves.
Professional help becomes far more important when any of the following apply:
- The estate includes fixed property that has to be transferred
- There is a business interest, shareholding or family trust involved
- The deceased died without a valid will
- There are minor children or beneficiaries with special needs
- Assets or beneficiaries are located outside South Africa
- The estate may be insolvent, meaning debts exceed assets
- Heirs disagree, or a previous marriage complicates the claim
- The estate is large enough for estate duty to be a factor
An executor who gets the process wrong can be held personally liable, which is the main reason families in these situations bring in an estate attorney rather than pressing ahead alone.
What does a deceased estate lawyer cost?
Executor remuneration in South Africa is regulated rather than open-ended. The prescribed tariff is 3.5 percent of the gross value of the estate assets, plus VAT, together with 6 percent of any income the estate earns after the date of death.
Two points are worth knowing. The first is that the tariff is a maximum, not a fixed price, and it is frequently negotiated downward on larger estates. The second is that other costs sit outside it, including conveyancing fees on property transfers, professional valuations, advertising costs, Master’s fees and any litigation that becomes necessary.
Before appointing anyone, ask for a written fee estimate that separates executor remuneration from these additional costs. A practitioner who is reluctant to put that in writing is telling you something useful.
How long does winding up a deceased estate take?
A straightforward estate with a valid will, cooperative heirs and no property transfers usually takes six to twelve months. The liquidation and distribution account has to be lodged with the Master within six months of the executor’s appointment, and once approved it is advertised for a 21 day inspection period before any distribution can happen.
Estates involving fixed property, business interests, trusts, offshore assets or disputes between heirs routinely run eighteen months or longer. The most common causes of delay are late reporting to the Master, missing documentation such as the original will or an unabridged marriage certificate, and waiting for SARS to finalise the deceased’s tax affairs.
Reporting the estate promptly and gathering documents early are the two things a family can do to shorten the timeline meaningfully.
What happens if someone dies without a will?
The estate is then distributed according to the Intestate Succession Act 81 of 1987, which applies a fixed order of beneficiaries. A surviving spouse and children inherit first, with the spouse receiving a child’s share or R250 000, whichever is greater. Where there is no spouse or descendant, the estate passes to parents, then to siblings.
Dying intestate carries real consequences beyond the distribution itself. Nobody has been nominated as executor, so the family must agree on a candidate for the Master to appoint. There is no guardian named for minor children, no trust structure to protect their inheritance, and no opportunity for the tax planning that a properly drafted will allows. A wills and estates lawyer can guide the nomination and reporting process, but they cannot recover the choices a will would have made possible.
How to choose the right estate attorney
Cost matters, but it is rarely the thing families regret. What they regret is poor communication and inexperience. Look for the following:
- Current registration with the Legal Practice Council, which you can verify directly
- Demonstrable experience in deceased estate administration specifically, not general litigation
- A written fee estimate covering both executor remuneration and additional disbursements
- A clear commitment on how often you will be updated and by whom
- In-house conveyancing capability if the estate includes fixed property
- Familiarity with the Master’s Office that has jurisdiction over the estate
Speak to more than one practitioner before deciding. Comparing two or three gives you a realistic sense of both the fee range and the level of service you should expect.
Hot to find an estate lawyer near you
Legal Services connects South Africans with vetted, independent attorneys rather than acting as a law firm itself. Describe your situation once, and we match you with estate attorneys in your area who handle work of that type. There is no cost to enquire and no obligation to appoint anyone we introduce you to.
Estate Lawyer Related Frequently Asked Questions.
Letters of Executorship are official documents issued by the Master of the High Court appointing and authorising a person or institution to act as the executor of a deceased estate.
A person may be nominated as executor in a will, but the nomination alone does not give that person legal authority to administer the estate. The nominated executor must first be formally appointed by the Master of the High Court.
Once Letters of Executorship have been issued, the executor is authorised to act on behalf of the deceased estate. This may include:
- taking control of the deceased person’s assets;
- opening and operating an estate bank account;
- communicating with banks, SARS, creditors and beneficiaries;
- settling valid debts and estate expenses;
- preparing the Liquidation and Distribution Account;
- transferring or selling property where necessary; and
- distributing the remaining estate assets to the lawful heirs or beneficiaries.
Letters of Executorship are generally issued when the gross value of the deceased estate exceeds R250,000. For qualifying estates valued at R250,000 or less, the Master may instead issue Letters of Authority appointing a Master’s representative.
Source and further information: South African Department of Justice and Constitutional Development – Reporting a Deceased Estate
An executor is the person or institution legally responsible for administering a deceased person’s estate.
The executor is usually nominated in the deceased person’s will. However, the person nominated in the will may only act as executor once formally appointed by the Master of the High Court and issued with Letters of Executorship.
The executor’s responsibilities may include:
- identifying and taking control of the deceased person’s assets;
- identifying and notifying creditors;
- settling valid debts, taxes and estate expenses;
- preparing the required Liquidation and Distribution Account;
- transferring or selling property where necessary; and
- distributing the remaining assets to the lawful heirs or beneficiaries.
The executor remains legally responsible for the administration of the estate, although an estate attorney, accountant or trust company may assist with the legal, tax and administrative work.
Source and further information: South African Department of Justice and Constitutional Development – Deceased Estates
A will, also known as a last will and testament, is a legal document in which a person records how they want their estate to be dealt with after their death.
A will may be used to:
- identify the people or organisations that should inherit from the estate;
- state which assets or portions of the estate each beneficiary should receive;
- nominate an executor to administer the estate;
- nominate guardians for minor children; and
- create instructions for the establishment of a testamentary trust where appropriate.
The person who makes the will is called the testator. A person nominated as executor in the will may only act once formally appointed by the Master of the High Court.
For a will to be valid in South Africa, it must comply with the legal requirements prescribed by the Wills Act 7 of 1953. Because incorrectly prepared or signed wills may be disputed or declared invalid, it is advisable to have a will prepared or reviewed by a suitably qualified professional.
Source and further information: South African Department of Justice and Constitutional Development – Wills
An estate attorney is a qualified legal practitioner who assists with the administration of a deceased estate. The attorney may guide and assist the executor with reporting the estate to the Master of the High Court, identifying assets and liabilities, dealing with creditors and beneficiaries, preparing the required estate accounts, transferring property and distributing the estate to the lawful heirs or beneficiaries.
An estate attorney may also assist clients with estate planning and the preparation of wills. The estate attorney does not automatically become the executor unless they have been nominated or appointed to fulfil that role.
Further information: Law Society of South Africa – Deceased Estates
This information is provided for general informational purposes and does not constitute legal advice.
The Master’s Office, formally called the Office of the Master of the High Court, is a branch of South Africa’s Department of Justice and Constitutional Development.
It oversees and supervises matters involving:
- deceased estates;
- the registration and administration of trusts;
- insolvent estates and company liquidations;
- tutors and curators; and
- the Guardian’s Fund, which holds certain funds for minors and other protected beneficiaries.
Source and further information: South African Department of Justice and Constitutional Development – Master of the High Court
Normally, no. The estate is administered by an executor or, in qualifying smaller estates, a Master’s representative appointed or authorised by the Master.
The Master supervises the process, examines the required documents and accounts, and ensures that the administration is carried out in accordance with the applicable legislation.
The Guardian’s Fund is administered by the Master of the High Court. It holds and administers money on behalf of people such as minors, unborn heirs, missing or absent persons and people who are legally incapable of managing their own financial affairs.
Read more about the Guardian’s Fund.
The correct Master’s Office will depend on the type of matter and the relevant area of jurisdiction. For a deceased estate, the appropriate office is generally determined by where the deceased ordinarily lived before their death.
Official addresses, telephone numbers, email addresses and office hours are available on the Department of Justice’s Master’s Office contact page and may change from time to time.
The Department of Justice provides online services for registering deceased estates and certain trust-related matters. The available services, support information and access links can be found on the official Master’s Online Portals page.
Official forms relating to deceased estates, trusts, liquidations, curators, tutors and the Guardian’s Fund can be downloaded from the Master of the High Court forms page.
The Department of Justice also publishes frequently asked questions about the Master of the High Court.
This information is provided as a general explanation and does not constitute legal advice. Where an estate, trust, insolvency or curatorship involves complex circumstances or a dispute, advice should be obtained from a suitably qualified South African legal practitioner.
The estate is distributed according to the Intestate Succession Act, which sets a fixed order of beneficiaries starting with the spouse and children. The family nominates an executor for the Master to appoint. A wills and estates lawyer can guide the nomination and reporting process.
(This faq article is general information about estate administration in South Africa and is not legal advice. Speak to a qualified attorney about your specific circumstances.)
A straightforward estate typically takes six to twelve months. Estates involving fixed property transfers, business interests, trusts, foreign assets or disputes between heirs commonly run eighteen months or longer. Reporting the estate promptly is the single biggest time saver.
(This faq article is general information about estate administration in South Africa and is not legal advice. Speak to a qualified attorney about your specific circumstances.)
Not until it’s printed and properly signed in front of two witnesses as required by law. Treat the generated document as your draft, the signing is what makes it valid.
Learn more about will drafting services, estate planning and view our will template.
Generally, yes, South African law gives you considerable freedom to decide who inherits. There are some protections for dependants, so it’s worth getting advice if you’re planning to exclude a spouse or child.
Somewhere safe and known to your executor, for example with your attorney, in a bank safety deposit box, or a fireproof safe at home. Avoid keeping the only copy somewhere no one else knows about.
There’s no official central register in South Africa. What matters is that your original signed will can be found after your death, usually by your executor or a trusted family member.
Yes, provided it still meets the signing and witnessing requirements. A will doesn’t need to be typed, but typed documents are easier to read and less likely to be disputed.
It covers the essentials for most straightforward estates. If you have a business, a trust, assets outside South Africa, or a blended family, please have an attorney review or draft your will instead.
Yes, and you should, particularly after marriage, divorce, the birth of a child, or a significant change in your assets. You can revoke an old will and sign a new one, which is generally simpler than adding amendments.
Sign at the end of the document in the presence of two witnesses, who then sign in your presence and each other’s. You and both witnesses should also initial every other page.
Yes. If you have children under 18, you can nominate a guardian to care for them. It’s worth naming an alternate too, in case your first choice is unable to act.
Someone organised, trustworthy, and willing to take on the administrative work of winding up your estate. This can be a family member, friend, or a professional such as an attorney or trust company.
Your estate is distributed according to the Intestate Succession Act, in a fixed order of relatives. This may not reflect your actual wishes, and can take longer and cost more to finalise.
It’s best avoided. A beneficiary (or their spouse) who signs as a witness may be disqualified from inheriting under the will, even though the will itself remains valid.
You need two witnesses, both 14 or older, who are competent to give evidence in court. They must both be present when you sign, and must sign in your presence and each other’s.
No, a will is valid as long as it meets the legal requirements around writing, signing and witnessing. That said, having an attorney check the final draft is a sensible safeguard, especially for anything beyond a simple estate.
It’s a signed, written document that sets out who should inherit your assets, who should manage your estate, and who should care for your minor children after you die. Without one, the law decides for you.
If you die without a valid will in South Africa, your estate isn’t distributed according to your personal wishes – it’s settled under the Intestate Succession Act, following a fixed legal formula.
A court-appointed executor administers the process, which often takes longer and can lead to unintended beneficiaries. Browse more answers in our Estate Planning FAQs, or speak to an estate planning attorney to draft a valid will before this becomes your family’s reality.
Ensure you have your will in place to leave behind to your nominated beneficiaries. Learn more about the importance of will writing and find out the costs and how to draft your own will with the use of our will template. Learn how to plan for the need of handling the legal matters around a deceased estate.
What does estate planning mean?
Estate planning meaning, put simply, is the process of organising in advance how your assets will be managed and distributed after your death or if you’re no longer able to make decisions yourself. It usually includes a valid will, and can extend to trusts, estate duty planning, and appointing executors and guardians.
Want the full picture? Read our guide: What Does Estate Planning Mean? A Simple Guide for South Africans.
Ready to start? Speak to an estate planning attorney or get in touch for a free, no-obligation enquiry.
Estate duty is a tax payable on the dutiable value of certain deceased estates in South Africa. Subject to applicable exemptions, deductions and rebates, estate duty is currently charged at 20% on the first R30 million of the dutiable estate and 25% on the portion exceeding R30 million.
A primary abatement currently applies to the first R3.5 million of the dutiable value of an estate, although additional exemptions and deductions may reduce the amount payable depending on your circumstances. For the latest rates and detailed guidance, refer to the official SARS Estate Duty information: SARS Estate Duty Guide.
Find out more about estate duty explained in this article here. More info can be found in our Estate Planning Estate Planning FAQs, or speak to an estate planning attorney about reducing your estate’s exposure.
Disclaimer:
This information is provided for general educational purposes only and should not be regarded as legal, tax or financial advice. Estate duty legislation, tax rates, exemptions and related legal requirements may change from time to time through amendments to South African legislation or updates issued by SARS. While every effort has been made to ensure the accuracy of this content at the time of publication, you should always verify the latest information with the South African Revenue Service (SARS) and obtain advice from a qualified estate planning attorney, tax practitioner or legal professional before making any decisions. Legal Services South Africa provides legal information and can refer you to an experienced deceased estate lawyer or estate planning attorney in Cape Town for professional advice tailored to your circumstances.
Understanding who is who in a will and setting up estate planning made easy.
Ever read a will and had no idea who’s who? 🤔 Here are the key names you’ll come across in South African wills and estate planning:
📌 Testator – the person making the will
📌 Beneficiary – anyone named to inherit something
📌 Heir – who inherits by law if there’s no will
📌 Executor – the person who winds up the estate
📌 Master of the High Court – the government office overseeing it all
A plain-English guide to the people involved in South African wills and estate planning – testator, beneficiary, heir, executor and the Master of the High Court.
Our guide explains what each role actually does, how executor and beneficiary can overlap, the difference between will drafting and full estate planning, and what happens (and who inherits) if someone dies without a valid will. Find out more in this post here.
Costs vary depending on complexity, but as a general guide, a basic will typically costs somewhere between R1,500 and R5,000 when drafted by a legal professional, while more complex estate plans involving trusts can run to R10,000 or more.
Every legal advisor charges differently subject to the requirement, their expertise, how many hours worth of work you require them to do, so it’s worth getting a written quote upfront.
View information about our will writing / drafting of wills, how one can write up your own will with a will template. See more answers in our Estate Planning FAQs, or request a free, no-obligation quote from an estate planning attorney through our contact form below.
General information only. This page provides general information about South African law and is not legal advice. Legislation and prescribed amounts change, and this content may not reflect the current position. Legal Services is not a law firm and does not provide legal representation. Complete our contact form and we will put you in touch with an independent qualified attorney who can advise on your circumstances. Read our full legal notice.
