Can my cousin, who has a Letter of Authority, sell my late grandmother's house?

The long answer

As the Representative, your cousin is given the right and duty to administer the estate in terms of the Administration of Estates Act 66 of 1965. These rules lay down that the Representative must see to it that all the debts of the deceased are paid. After all the debts have been paid, the property that remains must be transferred to the rightful heirs.

The property can only be sold with the written permission of all the heirs or if there isn’t enough cash in the estate to pay all the debts. In that case, the Representative must first pay off the debts with the money from the sale of the house and then distribute what remains to the heirs.

If the property was to be sold, your cousin would have to get permission from the Master of the High Court (who gives the Letter of Authority) to sell the property. She would have to show him documents such as the signed permission of all the heirs to sell the property and a signed offer to purchase from a buyer. The Master must be satisfied that the property is being sold at market value, that all the rightful heirs have been identified and what they would inherit. 

If your grandmother left a will, the heirs would be named in the will. If she did not have a will, the law of Intestate Succession applies. This is based on blood relationship in the following order:

• The spouse/s of the deceased

• The descendants of the deceased