PM & CO Attorneys, Firm of Attorneys, Legal Services logo

Practice area

Deceased Estate Attorneys

PM & Co assists families, heirs and executors with the practical and legal steps required to report and administer deceased estates.

Book consultationFind legal service

Legal context

Deceased Estates

Deceased estate law deals with the reporting, administration and distribution of a person's estate after death, including wills, intestate succession, appointment of executors, estate accounts, creditors, heirs, estate duty and distribution of assets. The correct procedure is often as important as the merits of the matter. A missed notice, incorrect court process or poorly drafted document can affect the client's legal position, costs and available remedies.

The main legal framework includes the Administration of Estates Act 66 of 1965, Wills Act 7 of 1953, Intestate Succession Act 81 of 1987, Master of the High Court requirements, SARS estate duty processes and Master's Office, banking and asset-release procedures where assets must be dealt with. Depending on the issue, the matter may involve the Master's Office, executor processes, estate administration steps or court proceedings. The correct route must be selected at the start because authority, documents and estate deadlines affect what can be done.

Clients usually need an attorney when a loved one has passed away, a will must be interpreted, heirs disagree, an executor must be appointed, creditors are claiming, estate assets must be dealt with, or a will may be invalid. Early legal input helps identify the client's rights, the correct process, the evidence needed and whether negotiation, mediation, urgent relief or formal proceedings are appropriate.

How PM & Co can help

  • Advise on whether there is a valid will or intestate succession applies.
  • Prepare documents for reporting the estate to the Master.
  • Guide executors on duties, notices, claims and accounts.
  • Assist heirs with estate disputes and information requests.
  • Coordinate with banks, SARS, the Master's Office and other professionals where needed.

Common matters we assist with

  • Reporting deceased estates to the Master.
  • Letters of executorship or letters of authority.
  • Will interpretation and validity concerns.
  • Intestate succession and heir disputes.
  • Claims by creditors or maintenance dependants.
  • Estate accounts, distribution and administration delays.
  • Estate duty, tax clearance and SARS-related estate issues.

When to seek legal help urgently

  • Family members are removing or selling estate assets.
  • There is a dispute about the will or executor.
  • A bank account is frozen and dependants need support.
  • A creditor is threatening action against the estate.
  • Property rates, bond payments or insurance may lapse.
  • You are asked to sign estate documents you do not understand.

Legal framework

The right route matters.

Legal matters often turn on the correct statute, court process, notice, evidence and deadline. PM & Co uses the consultation to understand your story first, then connects the legal framework to your specific facts and documents.

What happens next

A structured route from concern to action.

Contact PM & Co for guidance before estate assets are dealt with informally or disputes escalate.

  1. 01

    Step 01

    We identify whether the estate is testate or intestate.

  2. 02

    Step 02

    We prepare or review the reporting documents.

  3. 03

    Step 03

    We explain the executor's duties and the heirs' rights.

  4. 04

    Step 04

    We assist with claims, accounts, objections or disputes where required.

  5. 05

    Step 05

    We help move the estate towards lawful distribution.

Documents checklist

Documents that may later assist

For the first consultation, the most important thing is to explain what happened, what outcome you need and whether there are urgent dates. After we understand the matter, we will confirm which documents are actually required.

  • Death certificate and notice of death.
  • Deceased's identity document and proof of address.
  • Original will, codicils and any estate planning documents.
  • Marriage certificate, antenuptial contract, divorce order and details of predeceased spouse, if applicable.
  • Identity documents, addresses and contact details of heirs and nominated executor.
  • List of assets: bank accounts, investments, policies, vehicles, property, business interests and personal assets.
  • List of liabilities: bonds, loans, credit cards, accounts, tax and funeral expenses.
  • Property documents, bond statement, rates account and insurance policies.
  • Medical aid, pension, provident fund and life policy documents.
  • SARS tax number and recent tax correspondence.

This content is general information about deceased estates. It is not legal advice and should be applied only after reviewing the will, family circumstances, assets, liabilities and Master's requirements.

Questions clients ask

Deceased Estates FAQs

What is a deceased estate?

A deceased estate consists of the assets and liabilities left by a person at death. It must be administered according to law, under the supervision of the Master where required. Assets should not be distributed informally before the proper authority is issued.

What is the difference between a will and intestate succession?

If the deceased left a valid will, the estate is distributed according to the will, subject to legal limits and estate obligations. If there is no valid will, the Intestate Succession Act determines who inherits. Family assumptions do not override the legal rules.

What is a letter of executorship?

A letter of executorship is issued by the Master to authorise an executor to administer an estate. For smaller estates, letters of authority may apply. Without the correct authority, banks and institutions will generally not release or deal with assets.

Who can be executor?

The will may nominate an executor. If there is no valid nomination, the Master may appoint an appropriate person. The executor has legal duties and may be required to account properly to heirs, creditors and the Master.

Can a will be challenged?

A will may be challenged on grounds such as lack of formal validity, lack of capacity, undue influence, fraud or later revocation. These disputes require evidence and should be handled carefully because they can delay administration.

How long does estate administration take?

Timing depends on the estate size, assets, debts, tax, disputes, estate assets and Master's processes. Even straightforward estates can take time. A complete document pack helps reduce avoidable delay.

What happens to debts after death?

Creditors may claim against the estate. Debts are paid before distribution to heirs, subject to the estate's solvency and legal ranking of claims. Heirs should be cautious about paying estate debts personally without advice.

Can heirs demand money immediately?

Heirs usually receive distribution only after the estate has been properly administered, debts and taxes addressed, and accounts finalised where required. Interim arrangements may be possible in some circumstances, but authority and liquidity must be checked.

What is estate duty?

Estate duty is a tax on certain deceased estates, subject to exemptions and calculations under tax law. SARS requirements may need to be dealt with before finalisation. An attorney may work with tax practitioners where needed.

What if someone is using estate property?

Use of estate property should be authorised and properly recorded. Unauthorised occupation, removal or sale of estate assets can create disputes and possible legal consequences. Early advice can protect the estate and beneficiaries.

Let us help you choose the right next step.

Share the documents you have, the deadline you are facing and the outcome you need. PM & Co Inc Attorneys will guide you to the correct consultation route.

Book Your Consultation