Property & Deceased Estate Information

What Happens If Someone Dies Without a Will in South Africa?

When a person dies without a valid will, they die intestate. Their assets do not simply pass to whoever the family believes should receive them. The estate must be administered and the remaining assets distributed according to South African intestate-succession law.

That can affect the family home, investment property, bank accounts, vehicles, debts and every other asset or liability that forms part of the deceased estate.

The Estate Pays Its Debts Before the Heirs Share the Balance

A deceased estate includes the deceased person's assets and liabilities at date of death. Administration involves identifying and taking control of the assets, dealing with creditors and other estate obligations, and then distributing what remains to the lawful heirs.

If there is no valid will, the Intestate Succession Act 81 of 1987, as amended, determines who receives the distributable estate. Family members cannot simply agree among themselves that one person “gets the house” and another “gets the money” and then transfer assets informally.

The estate must move through the proper Master's Office and administration process before assets can lawfully be transferred or distributed.

Letters of Executorship

The Department of Justice states that where the estate value exceeds R250,000, letters of executorship must be issued and the full process under the Administration of Estates Act generally applies.

For an intestate estate, the reporting documents include nominations by the heirs for the person proposed to act as executor.

Letters of Authority May Be Used

If the estate is below R250,000, the Master may dispense with letters of executorship and appoint a Master's representative under section 18(3) of the Administration of Estates Act.

The smaller-estate process is simpler, but it still requires formal authority from the Master before somebody administers or distributes the estate.

The Surviving Spouse Gets the Greater of R250,000 or a Child's Share

The Department of Justice currently states that where the deceased leaves a spouse and descendants, the spouse inherits the greater of R250,000 or a child's share, with the children sharing the remaining balance.

A child's share is calculated by dividing the intestate estate by the number of surviving children plus deceased children who left descendants, and the number of surviving spouses. In multiple-spouse situations the calculation becomes more complex.

This is one reason families should not divide estate assets informally before the executor, representative or estate professional has confirmed the legal inheritance calculation.

A surviving spouse in a legally recognised marriage or civil union falls within the intestate-succession framework.

Recognised customary marriages are accommodated, including multiple-spouse situations. Proof of the marriage may need to be lodged with the Master.

The Department of Justice states that a child born outside marriage can inherit from blood relations in the same way as a child born within marriage.

Adoption can affect who is treated as a descendant for intestate succession. The statutory rules should be applied to the actual family relationships.

Children Can Inherit — But a Minor Cannot Simply Be Handed the Money to Manage

The Guardian's Fund exists to protect money belonging to minors and other people who cannot legally manage those funds themselves. Money due to a minor from a deceased estate may therefore be paid into and administered through the Guardian's Fund where the applicable estate process requires it.

The Department of Justice explains that a guardian or person caring for the minor can apply for qualifying maintenance, education and other supported expenses from the fund, subject to the Master's requirements.

A valid will can make planning for minor beneficiaries much more deliberate — for example, by specifying an appropriate testamentary trust or other lawful structure rather than leaving the result entirely to intestate administration.

A Will Can Address Questions Intestacy Cannot Ask You

A Family Member Cannot Simply Sell or Transfer the Deceased's Property

The Administration of Estates Act says that a deceased estate may not be liquidated or distributed without the required letters, endorsement or direction from the Master. The Deeds Office likewise describes transfer from a deceased owner as a transfer carried out by the representative or executor of the deceased estate.

Depending on the estate, the property may ultimately be transferred to an heir or heirs in terms of intestate succession, or it may need to be sold as part of the administration process. A sale by the estate has its own Master's Office and conveyancing requirements.

Do not market a deceased-estate property as though an heir already owns it. First establish who has legal authority to instruct an estate agent and sign the necessary mandate or sale documents.

Understand the Market Position

A property may need a market assessment for estate decision-making or a sale. The appropriate valuation requirement depends on the estate purpose; a formal valuation may be required in some circumstances.

Confirm Who Can Instruct the Sale

The executor or properly authorised representative acts for the estate. A beneficiary's expectation of inheriting does not by itself create authority to sell the property.

Use the Correct Conveyancing Route

Whether the property is transferred to an heir or sold to a purchaser, the conveyancer and estate representative must follow the deceased-estate and Deeds Office process.

Subject to applicable law, a will allows you to direct who should benefit rather than leaving distribution to the statutory order.

You can nominate who you want to administer the estate, although the Master still deals with the formal appointment.

You can make deliberate arrangements for minor beneficiaries rather than relying only on the default intestate outcome.

You can express what should happen to a particular asset, subject to debts, estate liquidity and the legal administration process.

A properly drafted valid will can reduce uncertainty about intended beneficiaries and estate instructions.

Marriage, divorce, children, property acquisitions and business changes are all good reasons to review estate planning with an appropriate professional.

A+ Properties Can Assist With the Property — Not Replace the Estate Attorney or the Master

The current live page says to contact A+ Properties for “estate planning.” That goes too far for an estate agency. Estate planning, wills, succession disputes, tax and the administration of a deceased estate should be dealt with by the appropriate legal, fiduciary and tax professionals.

Where a deceased estate owns property and the properly authorised executor or representative needs property assistance, A+ Properties can help with the real-estate side — for example, market positioning, sales advice, marketing and handling the sale once the required authority and mandate are in place.

The sequence matters: establish authority first, then instruct the property professional.

Once the Estate Authority Is in Place, A+ Properties Can Help With the Property.

If you are the duly authorised executor or representative and the estate needs property-market guidance or a sale, speak to A+ Properties about the real-estate process. For wills, succession, estate administration and tax, use the appropriate legal or fiduciary professional.