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Selling a Property from a Deceased Estate in South Africa

By Ruth Viljoen · Published

From our article archive. The original wording and publication date are retained; please contact the firm for advice on your current circumstances.

WHAT EVERY FAMILY, EXECUTOR, BUYER AND PROPERTY PRACTITIONER SHOULD KNOW
When a loved one passes away, many families think selling their property will be quick and simple. Unfortunately, it’s not quite as straightforward as a normal property sale. Properties that form part of a deceased estate must follow specific legal steps under the Administration of Estates Act.
Whether you are an heir, executor, buyer, property practitioner, here is what you need to know before starting the process.
NO SALE BEFORE THE EXECUTOR IS APPOINTED
No one, not even a family member, can sell the deceased’s property until the Master of the High Court issues one of these documents, either in terms of a will (testate) or without a will (intestate):
  1. Letter of Executorship (for estates over R250,000)
  2. Letter of Authority (for smaller Section 18(3) estates)
Until this letter is issued, no sale or mandate is legally valid. Any agreement signed before then cannot be enforced and will delay transfer.
THE EXECUTOR NEEDS THE MASTER’S WRITTEN CONSENT
Once appointed, the executor must still obtain written consent from the Master before the property can be sold.
This is to protect the estate and ensure that:
  1. The sale price is fair, and
  2. All heirs’ interests are respected.
Without this consent, the transfer cannot go through.
THE CONVEYANCER HAS EXTRA RESPONSIBILITIES
The conveyancer (transfer attorney) has a bigger duty than usual. Apart from transferring ownership, they must also:
  1. Confirm that the executor is properly appointed
  2. Ensure the Master’s consent is in place
  3. Obtain heirs’ written consent
  4. Make sure the purchase price is paid into the estate’s bank account, not a private one
Appointing a conveyancer that is experienced in deceased estate transfers, will be to the benefit of all interested parties, as they understand the legal requirements and can prevent costly delays.
DELAYS ARE COMMOM, BUT CAN BE MANAGED
Selling from a deceased estate takes time, but most delays can be reduced with prompt or pre-emptive action, communication, and proper guidance.
Below are common causes of delay, and how to manage them:
Delay in Appointment of the Executor
It can take weeks, or even months for the Master to issue the letter.
To avoid delays:
  1. Report the estate immediately with all required documents
  2. Use professionals who know how to report estates online
  3. Double-check that all documents are certified and complete
Waiting for the Master’s Consent
The sale of immovable [property can’t continue without written consent.
To avoid delays:
  1. Apply for consent as soon as a buyer is found
  2. Include in the sale agreement that it is “subject to the Master’s consent.”
Municipal and Rates Clearance Delays
Transfers can’t happen without a municipal rates clearance certificate.
To avoid delays:
  1. Apply as soon as the sale is signed
  2. Settle all outstanding accounts early
  3. Keep record of proof of payments
SARS Transfer Duty Delays
SARS must issue a transfer duty receipt.
To avoid delays:
  1. Make sure the deceased’s tax affairs are up to date
  2. Make sure to obtain two independent valuations of the purchase price
  3. Let the conveyancer submit the request for transfer duty online
Disagreements Between Heirs
The Master won’t approve a sale if heirs are in dispute.
To avoid delays:
  1. Keep all heirs informed from the start
  2. Hold a family meeting to discuss the sale
  3. If necessary, ask a neutral attorney to mediate
Outdated or Missing Property Documents
Lost title deeds, outdated bonds, or incorrect erf details can hinder the progression of the transfer.
To avoid delays:
  1. The conveyancer must confirm all property details upfront
  2. Apply early for a certified copy, if the title deed is lost
  3. Request updated bond cancellation figures in advance
Poor Communication
Miscommunication between the executor, heirs, and conveyancer often causes frustration.
To avoid this:
  1. Executors should give regular updates.
  2. Choose professionals who communicate clearly and understand estate transfers.
THE KEY TO A SMOOTH SALE
While some waiting is unavoidable, most delays can be prevented through:
  1. Early reporting and proper preparation
  2. Clear communication between all parties
  3. Accurate documentation and proactive follow-up
Handled correctly, the process can move smoothly and predictably, saving heirs time, money, and stress.
THE BOTTOM LINE
Selling property from a deceased estate is not a normal sale. It requires:
  1. Legal appointment and authority
  2. Written consent from the Master
  3. Patience, planning, and professional guidance
Families who understand these steps from the start can avoid months of delay and frustration.
FINAL TIP
Before signing any sale agreement for a deceased estate, ask this simple question:
“Has the Master issued the Letter of Executorship, and have all heirs approved the sale?”
If the answer is no, wait, it will save everyone time, money, and stress.
Article by Ruth Viljoen, Attorney at Malan Lourens Viljoen Inc.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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