Introduction
Deceased Estates Transfers
When the registered owner of immoveable property has died, his/her property will need to be transferred to another person.
This can be done by way of the following three scenarios:
- Transfer of property to an heir in a deceased estate
- Sale of the property by the deceased prior to death
- Sale by the executor directly to a purchaser
The transfer of immovable property from the deceased estate by way of any of the three scenarios above is a complex process and is best handled by experienced conveyancing attorneys.
When a person dies, the estate must be reported to the Master of the High Court in the area where the deceased was ordinarily resident during the 12 months preceding their death.
The Master of the High Court will appoint the executor by way of a Letter of Executorship.
The executor can be appointed:
- In terms of the will
- By nomination from the next of kin
The executor is the only person lawfully authorised and empowered to deal with the assets of the deceased. This ensures the orderly winding up of the financial affairs of the deceased and protects the financial interests of the heirs.
Until an executor is appointed:
- No one may act on behalf of the deceased estate
- No one may sign a sale agreement relating to immovable property belonging to the deceased
- No one may sign any transfer documents regarding such property
Very important: When someone dies, all Powers of Attorney automatically fall away.