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Probate / Letters of Executorship

The formal appointment by the Master of the High Court of a person (executor) to administer a deceased estate. The executor acts under letters of executorship.

Legal Definition

When a person dies, their estate is administered by an executor appointed by the Master of the High Court under the Administration of Estates Act 66 of 1965. If the deceased left a valid will, the will typically nominates an executor. If not (intestate), the Master appoints an executor after hearing from heirs. Letters of executorship are issued to the appointed executor — without these, the executor has no authority to deal with the deceased's assets.

📖 Constitutional / Statutory Basis: Section 25 (property rights)

Practical Example

A person dies leaving a will nominating their spouse as executor. The spouse applies to the Master for letters of executorship. Once issued, they can collect the estate assets, pay debts, and distribute to heirs.

Frequently Asked Questions

Can someone manage a deceased estate without letters of executorship in South Africa?
No — it is an offence to deal with a deceased's assets without proper appointment. However, for estates below R250,000, the Master may issue letters of authority (a simplified process) instead of full letters of executorship.
How long does the probate/executorship process take in South Africa?
Simple, uncontested estates with clear wills typically take 6–12 months. Complex estates, disputed wills, or significant assets can take 2–5 years. The process involves advertising for creditors, obtaining valuations, paying estate duty and CGT, and distributing.

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