Dealing with the executor

The executor is the person or firm the Master appointed to wind up the estate. On the notice it is the name after "Executor", and sometimes a second name after "care of", the agent doing the work.

What they must do for you

The executor acts for the estate, not for any one heir. They must gather the assets, pay the debts, account to the Master, and pay the heirs what the will or the law gives them. They may not pay out until the account has lain open for inspection and any objection has been settled.

They must tell an heir named in the will or entitled by law that they are one. They must answer a creditor's claim. They must give the Master any information the Master asks for.

The words they use

Letters: Letters of executorship, the Master's certificate that lets them act. Nothing happens before it.
The estate late account: The bank account in the estate's name that all the money goes through.
The section 29 advert: The estate opened notice, and its 30 days for creditors.
The L and D: The liquidation and distribution account: the full statement of assets, debts, costs and heirs.
Lodged, or with the Master: The account has been sent to the Master's office and is being examined. This stage can take months.
A query: The Master has sent back questions or asked for papers; nothing moves until they are answered.
Advertised, or lying for inspection: The payout plan ready notice has appeared and the 21 days are running.
A redistribution agreement: The heirs agreeing to swap what they were left, so one takes the house and another the money.
The fee: At most 3.5 percent of the assets plus 6 percent of income after death, plus VAT if registered.

What to expect

Most executors do not send progress reports. Months pass between steps while they wait for a bank, a valuer, SARS or the Master. Ask, and you will usually be told; do not ask, and you may hear nothing until the account is advertised.

An attorney or trust company will deal with you politely and briefly. A family member acting as executor may be doing it for the first time and may not know the answers. Both are bound by the same rules.

An executor cannot tell you what you will receive until the account is drawn up. They can tell you what stage the estate has reached.

Questions to ask

What is the estate number, and which Master's office holds the file?
Have letters of executorship been issued? May I have a copy?
Is there a will? Am I named in it, or am I an heir by law?
Has the estate opened notice been published, and when did the 30 days end?
Has the account been lodged with the Master? If not, what is still outstanding?
When do you expect the account to be advertised? Will you send me a copy?
What fee will be charged, and how is it worked out?
Who is doing the work day to day, and how do I reach them?

What you are entitled to

To read the account at the Master's office or the Magistrate's office during the 21 days. To object to the Master in writing before they end. To ask the Master's office for a copy of a will once it has been accepted. To ask the executor what stage the estate has reached.

The fee is a ceiling. It can be negotiated down before the executor starts.

If you are stuck

Write to the executor, put the question plainly, and keep a copy. Their address is printed in the gazette notice.
If there is no answer, write to the Master's office with the estate number. The Master supervises the executor and can call them to account. Dealing with the Master's office.
If the executor is an attorney and the problem is their conduct, the Legal Practice Council takes complaints about attorneys.
Legal Aid South Africa advises on estates at no charge; search for its advice line.

If someone you cannot place says they are the executor, read protecting an estate from fraud.

Last checked 20 September 2026. The law behind these pages is the Administration of Estates Act 66 of 1965.