Transfer of a deceased estate property, it’s not that difficult

Transfer of a deceased estate property, it’s not that difficult

Clients often ask us why it’s so difficult to transfer a deceased’s property to the heirs of the deceased. In reality – it’s not difficult – it’s just an administrative process which needs to be executed by qualified professionals. What makes things difficult for our clients is that they get poor advice from people who are not qualified to advise regarding deceased estates. When clients act on this poor information, they end up wasting their valuable time and money.

Immoveable property, such as a house, cannot be transferred from one person to another without going through what is known as the conveyancing process in accordance with the Deeds Registries Act 47 of 1937. To transfer a property in any other way does not provide the informal title holder with secure ownership and does not absolve the formal title holder from obligations in respect of the property. The conveyancing process is carried out by a practising attorney who is qualified as a Conveyancer.

When the owner of a property passes away, the property falls into a deceased estate. The only person authorised to deal with the deceased estate is the Executor appointed by the Master of the High Court in terms of Letters of Executorship. At Siyatec Executors, our professionally trained consultants will assist you with all the requirements for obtaining Letters of Executorship.

Once Letters of Executorship have been obtained, the Conveyancer can start the process of transferring the property from the deceased estate to the heirs. If the deceased owner had a Last Will and Testament, the property will be transferred to the heirs recorded in the Will. If the deceased owner did not have a Will, the property will be transferred to the heirs in terms of the Intestate Succession Act 81 of 1987.

Clients often ask us why it’s so difficult to transfer a deceased’s property to the heirs of the deceased. In reality – it’s not difficult

TRANSFER IN TERMS OF THE WILL

 

  • The deceased estate must be advertised.
  • The Master must approve the deceased’s Last Will and Testament.
  • The rates of property must be paid up to date.
  • The bonds on the property must be settled and cancelled.
  • The Executor must sign a Power of Attorney authorising the Conveyancer to transfer the property to heirs of the deceased’s Will.

TRANSFER IN TERMS OF THE INTESTATE SUCCESION ACT

  • The deceased estate must be advertised.
  • A Liquidation and Distribution Account must be drawn and approved by the Master.
  • The approved Liquidation and Distribution Account must be advertised.
  • The rates of property must be paid up to date.
  • The bonds on the property must be settled and cancelled.
  • The Executor must sign a Power of Attorney authorising the Conveyancer to transfer the property to heirs of the deceased’s Will.

Siyatec Executors can assist you with the process of transferring a property in a deceased estate to the heirs. Give us a call, send us a Whatsapp, complete our online consultation or send us email to start the process.

Author: Waseemah Doutie (LL.B.)
Attorney and Legal Consultant at Siyatec Executors

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