Möller & Pienaar Attorneys
Nomination to Act as Executor or Master’s Representative (Letter of Nomination)
Death Notice J294
The death of a loved one is one of the most devastating events in a person’s life. Survivors must cope with more than grief, they also must deal with crucial financial matters.
No one likes thinking about that day, but being prepared will ensure that you and your family can mourn a loved one without getting caught up in the administrative drama after death. This guide is intended to assist you in the difficult days, weeks and months that follows the death of a loved one.
Please remember that this is a general guide, not necessarily a comprehensive list. Contact us to discuss your individual circumstances. We will assist you in drawing up a Will (if you do not already have a Will) and complete an Estate Directory. This is a comprehensive document that contains all the relevant information about you and your
It is in your interest to complete the required forms correctly. If you do not know the answer to a question, do not leave it blank – type “unknown.” If a specific field does not apply, type “not applicable.” Incomplete forms can cause an unnecessary delay in the finalization of the administration process.
To read more on the general requirements to report a deceased estate, visit our blog: How to report a deceased estate at the Master’s Office
The Inventory is a summary of the assets and liabilities of the deceased at the time of death. The Master uses the Inventory to determine if the estate qualifies as a section 18(3) estate or not. An inventory is a requirement for all deceased estates.
Immovable property – houses, flats, etc
Movable property – cars, boats, furniture, coins, etc
Claims in favour of – investments, money, policies etc
If the value of the total assets of the estate exceeds Two Hundred and Fifty Thousand Rand, the executor of the estate must apply and accept the appointment to administer the estate.
This form does not apply to estates with an asset value of less than Two Hundred and Fifty Thousand Rand (R 250 000.00) – you must then complete form J155.
If the total asset value of the estate is less than Two Hundred and Fifty Thousand Rand (R 250 000.00), the Master will appoint an administrator to administer the estate in terms of section 18(3) of the Estates Act, 1966.
The person who wishes to apply for such an appointment must complete this form.
The Next-of-kin-affidavit is a summary of the blood and adopted relatives of the deceased. This affidavit is required when the dead person passed without leaving a will. We do, however, suggest that you submit a Next-of-kin-affidavit in all circumstances, even if there is a will.
If the Master, for some or over reason, determines that the last will is not valid, the Next-of-kin affidavit will come into play.
This affidavit is required to confirm the marital status of the deceased at the time of death.
This form applies to all deceased estates, regardless of the value of the estate.
This affidavit is required to confirm that the deceased estate is not reported at another Master’s office as well.
This form applies to all estates, regardless of the value of the estate.
HOW TO REPORT A DECEASED ESTATE?
Upon the death of a person, the estate must be reported by an interested party to Master’s Office in which jurisdiction the deceased normally lived, within 14 days.
The reporting documents will differ slightly depending on the value of the estate and the type of appointment required.
If the value of the estate exceeds R250 000, letters of executorship must be issued and the full process prescribed by the Administration of Estates Act must be followed.
However, if the value of the estate is less than R250 000, the Master of the High Court may dispense with letters of executorship and issue letters of authority in terms of Section 18(3) of the Administration of Estates Act, (Act 66 of 1965).
The Magistrates’ Office 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 where there is no PEAS ( Paperless Estates Administration System).
Letters of authority entitle the nominated representative to administer the estate without following the full procedure set out in the Administration of Estates Act.