Part 2: Can Estate Administration Continue During an Investigation?

In Part 1 of this series, we looked at the immediate legal processes that follow an unnatural death and the role played by SAPS, Forensic Pathology Services and the Department of Home Affairs.

Once the death has been registered, the focus shifts to the administration of the deceased estate.

Reporting the Estate

Every deceased estate containing assets should be reported to the Master of the High Court as soon as possible and generally within 14 days of the date of death.

The reporting process includes the submission of a Death Notice, an inventory of assets, the original Will (where one exists), a certified copy of the Death Certificate and any additional documentation required by the Master.

The Role of the Master of the High Court

The Master oversees the administration of deceased estates and ensures that the estate is administered in accordance with the law.

Amongst other responsibilities, the Master:

• considers the validity of the Will;

• protects the interests of heirs, creditors and vulnerable beneficiaries; and

• appoints the person who will administer the estate.

Where the gross value of the estate exceeds R250 000,00 the Master issues Letters of Executorship. Estates valued below this threshold are issued with a Letter of Authority.

The person appointed to administer the estate cannot legally act without the relevant appointment.

Does an Inquest Stop the Estate Administration?

An inquest is a judicial inquiry conducted to establish the identity of the deceased, the cause of death and whether it was brought about by a criminal act or omission. It does not automatically prevent the administration of the estate, but certain aspects may be delayed depending on the nature of the investigation.

The executor may, however, continue with various administrative steps, including:

• opening an estate late bank account;

• advertising for creditors in the Government Gazette and local newspapers;

• identifying and valuing the deceased's assets and liabilities;

• and securing and preserving estate assets.

These steps are important because they preserve the estate while investigations continue.

However, although much of the administration can proceed, there are circumstances where ongoing investigations may prevent the executor from finalising the estate.

In Part 3, we examine the practical delays that can arise during estate administration, including insurance claims, SARS compliance, the "bloody hand" principle and practical steps families can take to facilitate the administration process.

Written by: Sophia de Klerk
Moderated and approved by: Rohula Kgabu-Mnyayi

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