Wills and Paperwork After a Bereavement

After a death, you may be handed a stack of papers, or find none at all. People start asking about the will, the death certificate and the Master's office, and you may not know where to begin. This is normal. You do not need to know everything, only the next step.

What is happening

In South Africa, every deceased estate must be reported to the Master of the High Court, usually within 14 days of the death. This is done with a death notice and supporting documents. The Master then names someone to deal with the estate: an executor for larger estates, or a representative with a letter of authority for smaller ones.

Finding the will. Look through the person's papers, safe, and emails. Ask their bank, attorney, financial adviser and employer if they kept a copy. Many banks and attorneys store original wills. Whoever has the original will must hand it to the Master after the death. A will usually names an executor. If there is no valid will, the estate is divided according to the Intestate Succession Act, and the Master names someone, often a family member.

The documents you are likely to need. The death certificate, the deceased's ID, the marriage certificate or proof of a customary marriage, the original will if there is one, details of bank accounts, policies, property, vehicles and debts, and the IDs and contact details of the spouse and heirs. The Master's office has standard forms, such as the death notice and an inventory.

Who else to tell. Banks, insurers, the employer or pension fund, SARS, SASSA if the person received a grant, the municipality, and any credit providers. Keep a list with the date and reference number of every call.

Is this you?

• You are the named executor or closest family member
• You cannot find the will, or are not sure it is valid
• The deceased was married under customary law or had more than one family
• Banks and insurers are asking for documents you do not have
• Relatives are asking for money or belongings before the estate is settled
• You are not sure whether to use an attorney

30-second self-check

Answer yes or no. Go with your first honest answer.

• Are you still unsure whether there is a will, or where the original is?
• Are you without certified copies of the death certificate?
• Are the deceased's banks, policies and debts mostly unknown to you?
• Has the estate not yet been reported to the Master?
• Are the IDs of the spouse and heirs still missing?
• Is no one keeping a written log of calls and documents?

0-1 yes: You are on track. Keep going step by step.
2-3 yes: There are gaps. Focus on the will, the death certificate and reporting to the Master.
4 or more yes: It is a lot. Consider asking an estates attorney or the Master's office for guidance.

What you can do next

• Today: Put all papers you have found into one folder, and start a simple list of what is still missing.
• This week: Search for the will, and get certified copies of the death certificate and IDs.
• This month: Report the estate to the Master's office, or instruct an attorney to do it.
• Do not hand out money or belongings before the estate process allows it, even under family pressure.

Your tool

After a Death Checklist - a step-by-step list of what to do in the first 7 days, the first 30 days and the first 6 months, with space to track progress.

When to get professional help

Get help if the estate includes property, a business or debts, if there is family conflict, if the will is unclear or contested, or if there are several spouses or families. An estates attorney or fiduciary practitioner can guide you, and Legal Aid SA may help if you qualify.
Who can help: estates attorney, fiduciary practitioner, Legal Aid SA, counsellor

Getting help in South Africa

The Master of the High Court (justice.gov.za) has offices across the country and service offices at many magistrates' courts. Legal Aid SA (legal-aid.co.za) may help people who qualify. SARS (sars.gov.za) needs to be told about the death. The Cleared Mind 24-hour Careline on 0800 212 146 can support you emotionally while you deal with the paperwork.