Deceased estates and inherited property
When a family member dies, their property must be dealt with through the deceased estate. We attend to the property transfer and, where needed, the administration of the estate itself.
How we help executors and families
- Transfer of property to heirs once the liquidation and distribution account has lain open for inspection and become final.
- Sale of estate property by the executor, including the offer to purchase, the Master's consent where it is needed, and the transfer to the purchaser.
- Administration of deceased estates: reporting the estate to the Master, obtaining Letters of Executorship or Letters of Authority, advertising for creditors, preparing the liquidation and distribution account and finalising the estate.
- Wills and codicils: drafting and updating wills so that your property passes as you intend.
- Estate disputes: advice where heirs disagree or a will is challenged.
Property in an estate: the two routes
1. Transfer to an heir
Where the will (or the law of intestate succession) leaves the property to an heir, the executor transfers it to the heir after the estate account has been confirmed. No transfer duty is payable on property inherited by an heir, although conveyancing fees and Deeds Office fees apply.
2. Sale by the executor
If the property is to be sold, the executor signs the offer to purchase. Where the will does not authorise the sale and not all heirs agree to the sale and its terms, the Master's consent is generally required. The proceeds are paid into the estate and distributed according to the account.
Smaller estates. Where the estate's value is R250 000 or less, the Master may issue Letters of Authority instead of Letters of Executorship, which simplifies the process. The property transfer itself still has to be attended to by a conveyancer.
Property at the coast in a Johannesburg estate
A common situation is a family holiday home in Knysna, Plettenberg Bay, St Francis Bay or Cannon Rocks in the Eastern Cape owned by someone who lived in Johannesburg. We can attend to both the estate and the coastal property transfer, so the family deals with one firm. See selling property in a deceased estate.
Frequently asked questions
Can estate property be sold before the estate is finalised?
Yes, in many cases. The executor can sign an offer to purchase once Letters of Executorship have been issued, subject to the will, the heirs' consent or the Master's consent where required. Registration of transfer then follows the usual process.
Who pays the costs of transferring inherited property?
The costs of transferring property to an heir are usually an estate expense or are borne by the heir, depending on the will. Transfer duty is not payable on an inheritance.
What if the surviving spouse was married in community of property?
The surviving spouse already owns half of the joint estate. The deceased's half is dealt with in the estate, and the surviving spouse's participation is needed for any sale of the property.