Selling a property out of a deceased estate

There are two major differences between the sale of a property out of a deceased estate and a “normal” sale…

Property Blog Articles | Advice | Contractual Matters | Market News

There should not be any delay in the transfer from a deceased estate if the necessary attention is given to the following requirements:

  1. Executor to sign the offer to purchase in his / her capacity duly authorized thereto by the Master of the High Court
  2. Master of the High Court to approve the sale of the property

It must, however, be noted that the estate administration process at the Master’s Office places additional requirements on the transfer. This includes issuing the Letter of Executorship and obtaining the Master’s consent by way of endorsement of the power of attorney to pass transfer, which can be time consuming.  

Executor to sign the offer to purchase

It is paramount that the duly appointed executor (in terms of the Letter of Executorship) signs the offer to purchase in his capacity as executor together with any other co-owners of the property. The Master will not accept an offer to purchase should the date of sale pre-date the appointment of the executor in the Letters of Executorship.

Master of the High Court to approve the sale of the property

Application for the Master to approve the sale of the property in terms of Section 42(2) of the Administration of Estates Act, 66 of 1965 is to be made by the executor by completing form JM33 which will be provided by the transferring attorneys with signature of the transfer documents.

This application has to be accompanied by the following documents:

  • Certified copy of the offer to purchase
  • Consent by all the heirs that the property may be sold
  • If there are minor heirs, proof that the selling of the property is in the best interest of the child in the form of a signed affidavit by the guardian and confirmation of where the child will stay after registration.

Follow Snymans on Facebook for more legal information, tips and news about property.

10414

Recommended for you

Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Property registration and transfer costs: who’s responsible for what?

1620

A property transfer comes along with significant expenses, but being well informed about what registration and transfer costs you can expect to incur means that you can plan carefully and avoid any unpleasant and costly surprises.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The powers and duties of trustees in the transfer of immovable property

8759

There often comes a time when a beneficiary becomes entitled to take transfer of a property that is registered in the name of a trust. When this happens, there are a few options available to the trust in order to put this into effect.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Appointing multiple executors of a deceased estate

17870

The decision of who should be appointed as the executor of an estate can be made by the testator. While it is common for a single person to be appointed, it is also possible for a testator to appoint more than one person to share this role which can bring with it certain added complications.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Buying a property with an existing tenant

18288

When purchasing a property with a tenant already in place, certain aspects should always be considered before the offer to purchase is signed.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The long lease

23383

There has been a great deal of talk about 99-year leases which seems to have many, including Parliament, in a frenzy. What does a 99-lease entail? What happens at the end of the lease? Can your children inherit this piece of land? Below we answer some of the key concerns when it comes to a long lease.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Selling a property out of a deceased estate

There are two major differences between the sale of a property out of a deceased estate and a “normal” sale…

Property Blog Articles | Advice | Contractual Matters | Market News

There should not be any delay in the transfer from a deceased estate if the necessary attention is given to the following requirements:

  1. Executor to sign the offer to purchase in his / her capacity duly authorized thereto by the Master of the High Court
  2. Master of the High Court to approve the sale of the property

It must, however, be noted that the estate administration process at the Master’s Office places additional requirements on the transfer. This includes issuing the Letter of Executorship and obtaining the Master’s consent by way of endorsement of the power of attorney to pass transfer, which can be time consuming.  

Executor to sign the offer to purchase

It is paramount that the duly appointed executor (in terms of the Letter of Executorship) signs the offer to purchase in his capacity as executor together with any other co-owners of the property. The Master will not accept an offer to purchase should the date of sale pre-date the appointment of the executor in the Letters of Executorship.

Master of the High Court to approve the sale of the property

Application for the Master to approve the sale of the property in terms of Section 42(2) of the Administration of Estates Act, 66 of 1965 is to be made by the executor by completing form JM33 which will be provided by the transferring attorneys with signature of the transfer documents.

This application has to be accompanied by the following documents:

  • Certified copy of the offer to purchase
  • Consent by all the heirs that the property may be sold
  • If there are minor heirs, proof that the selling of the property is in the best interest of the child in the form of a signed affidavit by the guardian and confirmation of where the child will stay after registration.

Follow Snymans on Facebook for more legal information, tips and news about property.

10414