DECEASED ESTATES

Chiba Attorneys is a law firm in Johannesburg whose directors have over 20 years’ experience in the legal profession, specializing in the administration of deceased estates and the drafting of Wills. We ensure that the administration of your deceased estate is handled personally, effectively, and professionally by our qualified attorneys. We understand how difficult it is to lose a loved one and how important it is for the family that the estate is finalised in an expeditious manner.

We also understand that while going through emotional trauma during this time you need professionals who are personally available to you, to answer all your questions. During this time of grief, let our experienced team guide you through the process.

Our Services Include:

• We come to you at your home or office. Alternatively, you may consult with us online or at our office.
• There are no charges to draft your Will. Thereafter it is R 700.00 (seven hundred rand) per addendum. We keep your Will in safe-keeping, free of charge.
• We allocate a legal representative from our office to each family. This ensures that your family gets one-on-one, personal attention in dealing with the administration of your loved one’s estate.
• We administer your loved one’s estate, end-to-end including aspects relating to conveyancing.

Appointment of an Executor

We will assist with formally appointing an executor to administer your loved one’s estate. The appointment of an executor is usually stipulated in the Last Will and Testament, in terms of which we will provide guidance on the appointment of your chosen Executor/ Executrix.

If your loved one has not prepared a Last Will and Testament, and the estate is to devolve intestate, we provide guidance to the family members to select a nominated executor/executrix. We assist you to obtain the consent and signature of all heirs to the estate, confirming the appointment of the nominated executor, to ensure that all requirements by the Master’s Office are complied with prior to requesting the Letter of Executorship.

Administration of a Deceased Estate

The administration of an estate is a legally complex process. We ensure that all time frames are adhered to as prescribed by legislation and according to the requirements of the Master of the High Court.

The process includes the following

• We report the deceased estate to the Master’s Office within 14 days from the date of death or so soon thereafter. This entails the compilation of the lodgement documents as required by the Master’s Office.
• We request a Letter of Authority if the estate is worth less than R 250 000.00 or a Letter of Executorship if the estate is worth more than R 250 000.00. Should the deceased estate be one that is to devolve intestate, we assist the family members to appoint an executor / executrix.
• We prepare the Notice to creditors of the estate in terms of Section 29 of the Act and facilitate the advertising of the Notice in order for creditors to institute their claims against the deceased estate within 30 (thirty) days from the date of publication.
• The Liquidation and Distribution Account is prepared. A detailed list of the assets and liabilities of the estate, together with an account of any sale, devolution of property and monies, records of the estate late bank account, usufructuary, fiduciary and estate duty accounts are submitted to the Master for approval.
• We assist by submitting the income tax returns of the deceased estate to SARS to ensure that the estate is compliant with the requirements of SARS prior to being wound up. Should there be immovable property that is to be transferred to a surviving spouse, we will make application for the endorsement of same in terms of Section 45 of the Act.
• When the Master has approved the Liquidation and Distribution account, we prepare for the advertisement of the account. We advertise the account in terms of Section 35 of the Act, for its inspection by all interested parties for a period of 21 (twenty-one) days.
• Any interested party may object to the Liquidation Account should they take issue with any of the recordings in the account. We assist by addressing these objections on your behalf directly with the Master in order for the Master to make a decision concerning the objections that may be received. Should there be no objection to the account, the Master will approve the final step of winding up the estate, which is for the distribution of the proceeds of the estate in accordance with the Will and the Liquidation and Distribution account.
• We will proceed to distribute all the assets of the estate and to settle all the debts of the estate. Thereafter, we will close the estate late bank account and submit proof of the closure of the estate late bank account and the distribution of the proceeds of the estate to the Master to conclude the process.