Transferring a Property From a Deceased Estate to its Heirs
Key Takeaways:
Transferring a property from an estate to the heirs involves a structured process.
Required steps include obtaining a Letter of Executorship, settling debts, and adhering to legal formalities.
Professional guidance ensures a seamless and legally compliant property transfer.
Before a Conveyancer may proceed to transfer a property from a deceased estate to an heir the following information must be ascertained:
Has the estate been reported to the Master of the High Court and have the Letters of Executorship been issued? If these Letters of Executorship have been issued, the names stipulated on them will be the persons authorised to to sign the transfer documents.
If the Executor has not yet been appointed then you need to be mindful of the fact that no one has the authority to act on behalf of the estate. If the estate has not yet been reported the family must immediately do so and consult an attorney to begin winding up the estate.
Is the Executor/Executrix in a position to distribute the deceased’s assets to the heirs as listed in the Will of the deceased (i.e. has the Liquidation and Distribution Account been approved by the Master and lain open for inspection for a period of 21 days free from objection)?
Once the above 3 steps have been complied with the Conveyancer can proceed to transfer the property from the estate to the heirs.
The Conveyancer will request the following documents from the Executor/Executrix and heir(s):
A certified copy of the Letters of Executorship;
A copy of the Will certified by the Master where the estate was reported;
A certified copy of the Death Certificate;
A certified copy of the ID of the deceased, Executor/Executrix and heir(s);
A certified copy of the Liquidation and Distribution Account;
A copy of the utility bill and/or levy statement for the property;
Proof of residence for the Executor/Executrix and heir(s);
A SARS document reflecting the tax number of the deceased and heir(s);
Proof of bank details for the heir(s); and
Marriage certificate and ANC for the deceased and heir(s).
Once the Conveyancer is in possession of the above documents she can proceed to draft the transfer documents for the Executor/Executrix and heirs to sign.
Should the executor sell the property to a third party, in other words someone who is not an heir, the process would be quite different. We will explore this aspect in a future newsletter.