As a conveyancer we are confronted frequently with property that is still registered in the name of someone who has passed away, but has not been transferred to the heirs. The heirs then sell the property and the unknowing buyer is in for an extra long transaction as the deceased estate will have to be finalized first.
Deceased estates is a complex specialist field and the importance of estate planning is not realized by many clients. If, the deceased person did his part and drafted a will, the property will (mostly) be transferred to the heir as per the Will. Unfortunately, if the owner did not have a will, the property will have to be handled in terms of the Intestate Succession Act. The property can also be sold directly out of the estate to a buyer and these complex matters need to be handled by a specialist estate attorney and your conveyancing attorney. The problem can be addressed if the heirs and family of deceased persons start the process as soon as possible.
According to the Master’s Offices website : https://www.justice.gov.za/master/faq.html
That on the death of a person the following needs to be done:
The duties of this Master’s Representative / Executor is the following:
Appointment of a Master’s Representative (Section 18(3) appointment):
Appointment of an Executor:
Whether the master appoints and executor or representative the appointed person should start finalizing the estate as soon as possible, in order to avoid problems that may arise if the heirs want to sell the properties at a later stage.
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