How can I make my sister, who is the executor, wind up our late mother's estate?

The long answer

If you or your family do not know if your mother's death was reported,  you can approach the Master’s Office yourself. You should take your mother’s death certificate and the will, as well as a certified copy of her ID or passport, and your own ID.  

If your mother named your sister as executor in her will, the Master would appoint her as the executor, and she would need to wind up the estate under the Master’s direction. This means paying all the debts and seeing that the right heirs inherit. Being appointed as the executor would not give your sister any rights over the property. She would not be entitled to keep any rental income for herself: it is part of the deceased estate and must eventually be distributed to the heirs when the estate is wound up.

An executor must open a new bank account in the name of “Estate of Late Mrs X” so that your mother’s bank account is closed, and the bank must transfer the money to the new “Estate Late Mrs X” bank account. The executor will need to provide the bank with the following documents:

• Death Certificate

• Deceased’s ID

• Letter of Executorship

• Executor’s ID

The procedure that must be followed by the executor when winding up a deceased estate is set out by Mohammed Moolla, a Wynberg magistrate, in a 2022 De Rebus article, which I summarise below:  

• Following the issuance of the letter of executorship, the executor is required to publish a notice for creditors and debtors in the Government Gazette as well as in one or more local newspapers in the area where the deceased lived for a minimum of one year prior to their passing. Everyone with a claim against the estate is urged by the notice to file their claims within 30 days and within three months of the notice's publication in the Government Gazette. The same time frame applies to those who owe money to the estate.

Liquidation and distribution account (L&D)

• After the last day of the notice period and within six months of the letter of executorship being issued, the executor must give the Master an account of how the estate must be liquidated and distributed, supported by vouchers.

Inspection of the accounts

• Once the Master has examined the account and issued a memorandum about any queries, the executor must again put a notice in the Government Gazette and one or more local newspapers, this time advertising that the Liquidation and Distribution Account (the L&D account) will lie open at the Master’s office for anyone who is interested in the estate to read.

Objections to the accounts

• Anyone interested in the estate can lodge an objection to the L&D account and must give their reasons for objecting. The Master will deliver these objections to the executor, who must reply to the Master regarding these objections within 14 days of receiving them. 

• The Master must consider the objection and the comments of the executor and if the Master finds the objection is well-founded or the L&D account is incorrect, he can instruct the executor to amend the account.

• Anyone who objects to the Master’s decision can apply within 30 days to the High Court for a court order to set the Master’s decision aside. 

Distribution of estate

• When all that has been done, the executor must immediately pay the creditors and distribute the estate amongst the heirs, according to the L&D account. The executor must give the Master all the receipts from creditors and heirs. 

In terms of the Administration of Estates Act of 1965, when someone dies, their property needs to be transferred to the heirs named in the will by the executor, who liaises with the conveyancing attorney and the Deeds Office, or must be sold with the permission of the heirs and the Master.

An article by JustMoney on 6 February 2022 quotes Lizl Budhram of Old Mutual recommending that heirs have a detailed conversation with the executor to express their preferences and requirements.  

The Master must see that the estate is properly wound up and can remove the executor if she is not acting in the best interests of the estate and the heirs. 

There is a Master’s Office in every court.

Master of the High Court helpline:

• Tel: 012 315 1207

If you were not satisfied with how the Master was handling the situation, you could lay a complaint with the Chief Master, who supervises the work of the other Masters. 

• Email: [email protected]

You could also ask Legal Aid for assistance. These are their contact details:

• Email: [email protected]

• Tel: 0800 110 110 (Monday to Friday 7am to 7pm)

• Please Call Me: 079 835 7179

Wishing you the best,
Athalie