How long does it take to wind up a deceased estate?

A simple deceased estate in South Africa takes about six to twelve months from the date of death to the final payment to the heirs. That covers an estate with a valid will, a house, a car, a few bank accounts and heirs who agree with one another. An estate with a business, property in more than one province, foreign assets, minor heirs, a disputed will or an insolvent balance sheet can take two years or more.

The process is set out in the Administration of Estates Act 66 of 1965. It has fixed stages, each with its own waiting period, and the waiting periods add up even when nobody does anything wrong. Here is the realistic picture, stage by stage.

Stage 1: Reporting the estate, within 14 days

The estate must be reported to the Master of the High Court within 14 days of death. The person reporting completes a death notice, hands in the original will if there is one, an inventory of assets, and the executor's acceptance of trust. Read how to report a deceased estate to the Master.

Nothing happens until this is done. The 14 days is a legal duty, not a target. A late report is rarely penalised, but every week lost here is a week added to the whole process.

Stage 2: Letters of executorship, four to twelve weeks

Once the Master has the complete reporting bundle, it examines the will, checks the nominated executor and issues letters of executorship. These letters are the executor's authority to deal with banks, SARS, the deeds office and everyone else. Until they are issued, nobody can lawfully sell an asset, close an account or pay a debt.

How long this takes depends almost entirely on the Master's office. Some offices issue letters in about three or four weeks. The busier metropolitan offices can take two or three months. An incomplete bundle goes to the back of the queue, and a query from the Master, for instance about security or about a will that looks defective, can add a month on its own.

For small estates below the amount set by the Minister, the Master issues letters of authority under section 18(3) instead, which is quicker and does not involve a formal executor.

Stage 3: Collecting the assets and advertising for creditors, six to twelve weeks

The executor opens an estate bank account, writes to every bank, insurer, pension fund and creditor, and gets valuations of the house, the car and anything else of value. At the same time the executor places a notice in the Government Gazette and a local newspaper calling on creditors to lodge their claims within 30 days.

The 30 days cannot be shortened. Add the time it takes to get the notice published, and this stage usually runs six to eight weeks even when the executor is quick. Institutions that take weeks to reply to letters push it out further.

Stage 4: SARS and the liquidation and distribution account, two to four months

The executor must file the deceased's final income tax return and, where the estate is large enough, an estate duty return under the Estate Duty Act 45 of 1955. The estate itself may also need to be registered as a taxpayer. SARS clearance is a well-known cause of delay, and an executor cannot safely distribute until the tax position is settled.

Using the valuations and the creditors' claims, the executor draws the liquidation and distribution account. It lists every asset and its value, every debt, the executor's fee, estate duty if any, and who receives what. The Act expects the account to be lodged within six months of the letters of executorship, and the executor must apply to the Master for an extension if that is not possible. Extensions are common in larger estates.

Stage 5: The account lies open, 21 days plus the Master's queries

After the Master has examined the account and raised any queries, the executor advertises that it lies open for inspection for 21 days at the Master's office and at the magistrate's office for the district where the deceased lived. Anyone with an interest can inspect it and lodge an objection.

If there are no objections, the executor can proceed. If there is an objection, the Master rules on it, and either side can take the ruling to court, which stops the clock for as long as the litigation takes.

The Master's queries before the account is advertised are often where an estate stalls. Each query goes back to the executor, and the file then waits for the examiner again. Two or three rounds can add three months.

Stage 6: Paying and transferring, one to four months

Once the account is final, the executor pays the creditors, pays the cash inheritances, and instructs a conveyancer to transfer any property. A property transfer out of an estate takes as long as any other transfer, usually two to three months, and needs a rates clearance certificate and, where applicable, a transfer duty exemption from SARS. Shares, vehicles and firearms each have their own transfer process.

The executor then files proof of every payment with the Master, who confirms that the estate is finalised and releases the executor. That last confirmation can take several more weeks.

A worked example: two versions of one estate

The dates and figures are illustrative only.

Grace dies on 3 February leaving a valid will, a house worth R1 800 000, a car, and R400 000 in investments. Her son Andile is the nominated executor and the will exempts him from providing security.

Version one. Andile reports the estate on 12 February with a complete bundle. Letters of executorship are issued on 20 March. The creditors' notice appears on 4 April and closes on 4 May. The bank, the insurer and the municipality all reply by mid-May. SARS confirms the final return by early July. Andile lodges the account on 15 July. The Master raises one query, answered within a week, and the account is advertised on 12 August. It closes on 2 September with no objection. The house is transferred to Grace's daughter on 5 November, cash is paid out the same week, and the Master confirms the estate finalised in early December. Ten months.

Version two. The family cannot find the original will until March and reports the estate on 20 March. The Master queries the will because one page is unsigned, and letters are only issued on 30 May. The creditors' notice runs in June. The bank takes eight weeks to send a balance certificate. SARS raises a query about a rental income figure that takes until October. Andile lodges the account on 10 November and the Master raises three separate queries. The account is advertised in February and Grace's brother objects, saying he was promised the car. The Master dismisses the objection in April. The house is transferred in July, seventeen months after the death.

Same estate, same executor. The difference is a complete bundle on day one, a will with every page signed, and quick answers to every query.

Realistic totals

These are ranges based on how the process is structured, not guarantees. Your Master's office, the completeness of the paperwork and the cooperation of the heirs all move the numbers.

What to do this week

1. Report the estate if it has not been done. Read how to report a deceased estate to the Master.
2. Find the original will and every earlier will.
3. List every asset and every debt with the account numbers and the institution's contact details.
4. Get certified copies of the death certificate and every ID the Master will ask for, at least five of each.
5. Tell the heirs what the timeline looks like, so that nobody expects money by Easter.
6. Ask the executor for a monthly update in writing, and keep every letter from the Master.

Documents to gather

Keep a single folder with the death certificate, the will, the marriage certificate and antenuptial contract, the title deed and bond statement, vehicle registration papers, the last three months of bank statements for every account, policy schedules, pension fund details, the last tax return and IRP5, and a list of creditors with balances. Every institution the executor writes to will ask for a certified copy of the letters of executorship, the death certificate and the executor's ID, so keep a stack.

Common mistakes and what they cost

• Reporting with an incomplete bundle. The file waits for the missing item, which is typically four to eight weeks lost.
• Selling or paying before letters are issued. The transaction may be void, and whoever did it can be personally liable. Unwinding it costs far more than waiting would have.
• Not applying for an extension when the six months for the account run out. The Master can call the executor to account and, in serious cases, remove them.
• Ignoring a SARS query. Distribution cannot safely happen until tax is settled, and an executor who distributes early can be held personally liable for the tax.
• Letting an objection go to court over a minor item. A dispute over a car can freeze a house transfer for a year.
• Choosing an executor who is slow. The Master's own delays are outside your control. The executor's are not. Read what an executor does before you agree to a nomination.

If you cannot afford an attorney

Nobody has to use an attorney to wind up an estate. The Master's office deals with the public directly and its staff explain the forms. Small estates under the Minister's threshold are dealt with under section 18(3) letters of authority, which cut out most of the stages above. Legal Aid South Africa on 0800 110 110 helps with deceased estates for people who pass its means test, and university law clinics take estate matters in most major centres. If the family would rather hand the work to a professional, a bank or trust company can act as executor and is paid from the estate at the regulated fee. See what a wills and estates attorney costs and the executor fees and estate duty calculator for what that means in rand.

Frequently asked questions

Heirs ask most often whether they can get money early and whether the executor can be forced to hurry. An executor may make an interim payment in some circumstances, but is personally liable if a creditor or a tax debt then goes unpaid, so most refuse. An heir who believes an executor is unreasonably slow can complain to the Master. The answers below cover the rest.