Listen to Deceased Estate in Sotho:
New Homeowners Guide: When You’re Gone
Over the next few months, we’ll be releasing one chapter a month of our New Homeowner’s Guide to help you make the best choices on your journey as a new homeowner.
Last month’s chapter was all about diagnosing problems in and around the home. Read it here for some critical tips.
What Happens To My Home When I’m Deceased?
In South Africa, when the registered owner of Immovable Property has died, the property needs to be transferred to someone else.
The most effective way of ensuring that those left behind are not left with years of administrative headaches is to draw up a will. Even if you have drawn up a will, there is still some paperwork to do.
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Step One: Report To The Master Of The High Court
The deceased’s passing must be reported to the Master of the High Court within 14 days of the date of death.
The Master of the High Court then appoints an Executor to manage the estate of the deceased. The only person who is allowed to manage the deceased’s assets is the Executor.
Once the Letters of Executorship have been issued, your house can be sold or transferred.
What If You Aren’t Married When You Pass?
Until 31 December 2021, if you were a partner in an opposite-sex long-term relationship with the deceased, you could not inherit.
This means that, if you have a partner but are not married, that partner will be treated the same as a spouse. (Read below).
If you did not have a long-term partner, your appointed Executor will act in your stead to have the property sold.
The Executor is responsible for fulfilling any outstanding duties that you had. These commitments include improvements or additions to be built.
Your Executor will be liable for any debts that you have accumulated, including paying any fines or special levies, as well as the monthly levy.
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Paperwork to be completed
Regardless of your marital status and if you have decedents or beneficiaries, when deceased, the following will have to be done:
– The property will be transferred by way of a formal transfer.
– Obtain a next-of-kin affidavit, certified by the Master of the High Court.
– Arrange a rates clearance certificate from the local authority.
– Obtain a levy clearance certificate (in the case of a sectional title unit) and/or homeowners clearance certificate, if applicable.
– Contact SARS for a transfer duty exemption certificate.
– Cancel any bonds registered over the property.
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Married in Community of Property
All the documentation above is in effect, but also:
When you’re deceased, your spouse is automatically entitled to an undivided half of the property.
– If your spouse is the sole heir, the transfer of the half share in the property can be done in two ways; by way of section 45(1) endorsement or by way of a formal transfer.
– If your spouse is not the sole heir, the transfer of half of the property will be done by way of formal transfer to your heirs.
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Married Out Of Community of Property
All the documentation under “Paperwork to be completed” is in effect when you’re deceased but also:
Should you and your spouse each own a 50% share in the property, your 50% share in the property will be transferred in accordance with the provisions of the Act.
– The 50% share transfer of the property can only be done by way of a formal transfer.
– If your spouse is the sole heir, the 50% share in the property will be transferred to them.
– If your spouse is not the sole heir, the 50% share in the property will be transferred to your spouse and the heirs.
The Bottom Line
The above is by no means a comprehensive summary. If you are interested in diving in deeper and making sure your things are in order once you pass, follow the links below
Master of The High Court Documents
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