What Does an Executor of a Deceased Estate Do?

When someone dies, their assets cannot simply be divided among family members or beneficiaries.
A deceased estate must be administered according to the deceased’s valid Will or, if there is no valid Will, according to the laws of intestate succession. The administration process is supervised by the Master of the High Court.

For estates requiring the appointment of an Executor, the Executor has a number of important legal and administrative responsibilities.

Is the person named in the Will automatically the Executor?

No.
A Will may nominate someone to act as Executor, but being named in the Will does not by itself give that person authority to administer the estate.
The appointment is considered by the Master of the High Court, and the required Letters of Executorship must be issued before the Executor has the necessary authority to act. 

What are an Executor’s duties?

Once appointed, the Executor is responsible for administering the estate in accordance with the applicable law and the deceased’s valid Will, or the rules of intestate succession where there is no valid Will.
The work involved will depend on the estate, but the process generally includes the following.

1. Identify and deal with estate assets
• The Executor must establish what assets form part of the deceased estate.
• Depending on the circumstances, these could include property, money held in bank accounts, investments, vehicles, business interests and other assets.
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Assets and liabilities must ultimately be properly reflected in the estate’s Liquidation and Distribution Account.
2. Notify creditors
• The Executor must advertise for creditors in accordance with section 29 of the Administration of Estates Act.

• The notice is published in the Government Gazette and an appropriate newspaper and calls on people with claims against the estate to lodge them within the specified period, which must be not less than 30 days and not more than three months from publication.

• This allows valid debts and claims against the deceased estate to be identified before the estate is distributed.
3. Administer the estate’s finances
• The Executor must collect money owing to the estate and deal with the estate’s financial affairs.
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Estate funds that are not immediately required are subject to specific requirements under the Administration of Estates Act, including requirements relating to the estate banking account.
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The Executor must also deal with liabilities and expenses that must properly be paid from the estate.
4. Prepare the Liquidation and Distribution Account
• One of the Executor’s central responsibilities is preparing the Liquidation and Distribution Account.

The Master’s guidance explains that this account records matters including:

• the deceased’s assets;
• liabilities;
• the estate’s cash reconciliation;
• income and expenditure after death;
• the proposed distribution of assets; and
• estate duty, where applicable.

The Executor generally has six months from the date of appointment to lodge the account with the Master, unless the Master allows an extension.

What happens after the account is submitted?

The Master examines the Liquidation and Distribution Account.

Once the necessary requirements have been met, notice is given that the account will lie open for inspection. The account must be available for inspection for at least 21 days, allowing interested parties an opportunity to inspect it and raise objections.
If an objection is lodged, it must be dealt with through the prescribed process before the estate can proceed to final distribution.

When can the Executor distribute the inheritance?

An Executor cannot simply distribute assets as soon as beneficiaries have been identified.
The administration process must first reach the point where distribution is legally permitted.
Once the account has lain open for inspection, any objections have been dealt with and the necessary requirements have been satisfied, the Executor can distribute the estate in accordance with the Liquidation and Distribution Account.
This may involve paying money to beneficiaries or transferring particular assets, such as immovable property, to those entitled to receive them.

Is every deceased estate administered by an Executor?

No.
The procedure depends partly on the value and circumstances of the estate.
The Master’s current guidance states that where an estate exceeds R250,000, Letters of Executorship must be issued and the full process under the Administration of Estates Act followed.
For an estate below R250,000, the Master may dispense with Letters of Executorship and issue Letters of Authority under section 18(3), allowing a Master’s Representative to administer the estate.
This distinction is important because the responsibilities and procedures applicable to a Master’s Representative are not identical to those of an Executor.

Assistance with administering a deceased estate

Acting as an Executor can involve substantial legal and administrative responsibilities, particularly where an estate includes property, investments, businesses, multiple beneficiaries or complicated liabilities.
DMF Attorneys assists with the administration of deceased estates and can provide guidance throughout the estate administration process.

Contact DMF Attorneys for assistance with the administration of a deceased estate.