How long does it take to wind up a deceased estate?

Families often expect that an estate can be wrapped up in a few weeks. In practice, even a straightforward estate usually takes many months, and a complex one can take considerably longer. Understanding why helps you set realistic expectations and avoid unnecessary delay.

The process is set by law

Deceased estate administration in South Africa is governed by the Administration of Estates Act 66 of 1965 and overseen by the Master of the High Court. The executor cannot simply distribute assets; a series of formal steps must be completed in order, and several of them depend on third parties such as the Master, banks, SARS and the deeds office.

The main steps

1. Reporting the estate. The estate must be reported to the Master, who then issues a letter of executorship (or, for smaller estates, a letter of authority).
2. Taking control of assets. The executor opens an estate bank account, identifies and values the assets, and calls for creditors to submit claims.
3. The liquidation and distribution account. The executor draws up an account showing all assets, liabilities and how the estate will be distributed, and lodges it with the Master.
4. Advertising and inspection. The account lies open for public inspection for a prescribed period so that any objections can be raised.
5. Distribution. Once the account is approved and the inspection period has passed, debts and any tax are settled and the remaining assets are transferred to the heirs.

Realistic timelines

A simple estate that is well organised and uncontested often takes in the region of nine to twelve months from reporting to finalisation. Many estates take longer. Where there is fixed property to transfer, a business interest, a trust, foreign assets, or any dispute among heirs, it is common for the process to run well beyond a year.

What causes delays

• Missing or outdated documents, or no original will.
• Backlogs at the Master's office.
• Outstanding tax affairs that must be brought up to date with SARS.
• Property transfers, which run on their own conveyancing timeline.
• Disputes between heirs, especially where there was no will.