Dying and The Law - Hospice Palliative Care Association of South ...

THE LEGAL PROCESS AFTER SOMEONE DIESAdministrator's dutiesFor estates that too small for anexecutor to be appointed anadministrator is appointedinstead. The Master will issuesection 18(3), ‘letters of authority’,which will give this person theauthority to administer the estate– meaning that he/she cancollect together all the moneyowed to the estate, pay of thedebts, sort out the banking andthen finally pay off the heirs.The procedure is very simple,but if the Master has anyconcerns about the process he/she can ask the administrator toshow proof of how the estatewas finally sorted out. Thismeans that the administratorwill have to give the Masterreceipts, invoices, statementsand affidavits showing howhe/she administered thedeceased estate. Once theadministrator has supplied theMaster with all the necessaryproof, and the Master is satisfiedwith the administration, theaccount will be closed.The executor’s duties – a step by step processThe nominated executor needs to meet with the family to collect relevantdocuments and information such as the deceased’s:• identity documents,• banking details• property details – including title deeds• any policies and• any debts that the deceased may have had.These details are important for the family members to gather together as theywill help in sorting out the inventory that the Masters Office will need.The executor then reports the estate to the Master with the relevant documentssuch as:• the death notice,• death certificate (if needed) and,• the original will, if there is one.• The inventory,• A form stating acceptance of trust as the executor.The Master will then appoint the executor by sending him/her ‘letters of executorship’.• The executor must then arrange for a valuation of the estate.• The executor puts a notice in the paper and asks all the creditors to comeforward. The creditors have 30 days to come forward.• The executor must open a bank account for the deceased estate and depositall the money from the estate into this account.If an executor needs help, hecan ask for assistance fromsomeone who knows. This couldbe a lawyer, an accountant orthe manager of a bankinginstitution. He can even hire alawyer to assist with the aboveduties and responsibilities. Thisperson will usually charge a feeor a percentage of the value ofthe estateFor furtherinformationFor information regarding theforms that the Master's Officewill need, please refer to theresources section at the back ofthe book.190 Chapter 12 | Dying and The LawAfter the executor has gathered together all the information regarding the propertyin the deceased estate, the executor will be able to decide if the deceased person’sassets are more than his/her debts and that s/he is therefore solvent.Finally the executor needs to start planning to liquidate the deceased estate:• The executor contacts the beneficiaries and explains the procedure to themand asks for their opinion on certain matters about the estate.• The debts are then subtracted from the total amount of the assets. All of thedebts are then paid.• There are also death duties on estates – these are death taxes. If the estateis small there are no costs or they are minimal.• The executor sends the final account to the Master of the High Court. Theaccount lies at the Master’s Office to allow people to inspect it.If there are no objections to the account and the Master is satisfied, the executorcan then pay the heirs their inheritance.• The executor must then send the Master copies of receipts from the heirsshowing that they have received their inheritance.• The executor is then released from his/her duties by the Master.