Transferring Immovable Property From A Deceased Estate: Understanding The Process

When the registered owner of immovable property dies, the property forms part of their deceased estate. Consequently, no dealings can occur until the relevant Master of the High Court of South Africa issues Letters of Executorship or Letters of Authority, appointing an Executor or Master's Representative to manage the winding-up of the deceased's estate.

For conveyancing purposes, this appointed representative signs the necessary transfer documents on behalf of the deceased estate. Below is a guide outlining the procedures and key considerations for transferring property either by inheritance or by sale.

Transfer by Inheritance (Will or Intestate Succession Act)

• Commencement of the Process: Once the deceased estate's administration reaches a certain stage – typically after the Liquidation and Distribution Account has been approved by the Master – the transfer process may begin.