How to Get a Letter of Authority in South Africa
When someone dies and their estate is worth R250 000 or less, the process of appointing someone to finalise it is far lighter than full executorship.
Instead of Letters of Executorship, the Master of the High Court can issue a Letter of Authority, appointing a Master’s Representative to wind up the estate. If you are trying to work out whether this route applies to your family, here is who qualifies, who can apply, and what the Master’s Office will ask for.
For a full comparison of both routes, see the difference between a Letter of Executorship and a Letter of Authority(opens in new tab).
Who Qualifies for a Letter of Authority?
The Letter of Authority route applies to what is often called an 18(3) estate, named after the section of the Administration of Estates Act that allows the Master to dispense with a full executorship.
It applies where the gross value of the deceased’s estate, meaning everything they owned before any debts are deducted, comes to R250 000 or less. This applies whether or not the person left a valid will. Value is the deciding factor, not whether a will exists.
Who Is Entitled to Apply?
Any person with an interest in the estate can approach the Master’s Office to be nominated as the representative. In practice this is usually a surviving spouse, an adult child, or another close family member.
If the deceased left a valid will naming an executor, the Master will generally still work with that person, but the appointment takes the form of a Letter of Authority rather than Letters of Executorship because of the estate’s size.
Where family members disagree on who should take on the role, the Master’s Office will ask for consent from the other heirs before making an appointment.
Documents You Will Need
The Master’s Office will typically ask for a certified copy of the death certificate, the deceased’s identity document, the original will if one exists, a completed next-of-kin affidavit, and an inventory of the deceased’s assets and liabilities.
Where there is no will, the Master may also request consent from other heirs confirming who should be appointed. It helps to gather these documents before your appointment, since incomplete paperwork is one of the most common causes of delay.
How the Master’s Office Handles the Application
The estate must be report the estate to the Master’s Office(opens in new tab) within 14 days of the date of death, either online or at a Master’s Office or designated magistrate’s court service point.
Once the documents are reviewed and accepted, the Master issues the Letter of Authority and appoints the Master’s Representative. From that point, the representative can open an estate bank account and begin dealing with the deceased’s assets.
What Happens After the Letter of Authority Is Issued
Estates handled under a Letter of Authority skip some of the steps required for larger estates. There is no requirement to advertise for creditors in the Government Gazette, and no formal liquidation and distribution account needs to be lodged, which means these smaller estates are usually finalised faster and at a lower cost than the full estate winding-up process(opens in new tab) that larger estates follow.
The representative should still notify SARS of the death(opens in new tab), since tax matters need to be finalised regardless of the estate’s size.
How Long Does the Process Take, and What Does It Cost?
Turnaround times vary by Master’s Office and depend on how complete the initial application is. For a general sense of timing across both routes, see our guide on how long the process usually takes.
A Master’s Representative is also entitled to a fee for the work involved, and it is worth understanding what a Master’s Representative is entitled to charge(opens in new tab) before accepting the appointment.
It is also worth knowing what happens if there is no valid will(opens in new tab), since intestate estates can take slightly longer while the Master confirms who the family nominates.
Get Help With Your Application
Even the lighter Letter of Authority process can be confusing if you have never dealt with the Master’s Office before, particularly where family members do not agree on who should be appointed.
Our wills and estate planning team(opens in new tab) can guide you through the application from start to finish, so nothing holds up the process.