A letter of executorship in South Africa is a legal document that is signed by the master of the high court where the deceased was living at the time of their death. It designates the executor who will be the administrator of the deceased’s Estate. The administrator is able to control and manage the money, property, and assets that were owned by the person who passed away. In South Africa, to achieve this the administrator needs to apply for a Letter of Executorship If the value of an estate is R250 000 or less.
Executors are typically named in the deceased’s will and the judge will almost always appoint these individuals, they can be an attorney, friend, or family member that the deceased person trusted. Otherwise, if the will is silent or there is no will, a judge will usually appoint a close family member to oversee the estate.
The letter of executorship in South Africa will provide the appointed person with the legal rights needed to gain access to the deceased’s assets and form any decisions such as the distribution of assets.
To obtain a letter of executorship in South Africa, one must report the death of the deceased and apply for a letter of executorship to the Master of the High Court within 14 days.
The court permits executorship only in the presence of a death certificate. Once the letter is granted the person becomes the Executor of the deceased estate.
Duties and Responsibilities of an Executor
An executor is legally responsible for carrying out instructions set out in a will after someone has died. Executorship of a will comes with a lot of responsibilities and duties. The executor needs to have access to the will, check its validity, establish who the beneficiaries are, and get a rough idea of the assets and liabilities of the estate. In order to accurately complete this task, the executor needs to gather items such as bank accounts, title deeds to property, insurance policy documents and any other documentation that they can find that pertains to the financial affairs of the deceased.
Administration of estate with foreign assets
It has become increasingly common for South African to own assets overseas and we can often come across estate matters where foreign assets are involved. Foreign assets could include a holiday home, shares in a foreign company or investments abroad. Foreign assets can add complexity to the administration of an estate.
Frenchside your translation Partner
No matter where a deceased person lived or held assets during his or her lifetime, when his or her estate has multijurisdictional or foreign connections a number of practical challenges can arise, including dealing with foreign language and translation challenges, such as obtaining official translations of any documents as necessary like letter of executorship in South Africa , and efficiently communicating between estate trustees, beneficiaries, creditors, asset holders, professional advisors, including managing time zone challenges, courts, etc.;
Frenchside is an established and professional provider of certified translations of wills and other legal documentation. If you are required to present a last will and testament in a foreign language for official purposes, for example when the deceased made their will abroad, for applying for a grant of representation, you will need a certified translation – a translation done by a sworn translator. We can deliver accurate translations accompanied by a certificate of accuracy and the details required by official bodies.
To get an accurate quote for translating and certifying your documents, simply send a scan copy, good quality picture or the digital version to info@frenchside.co.za or upload them using one of the contact forms on the website and we will get back to you with an official quote shortly.
