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
