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Figuring out the complexities of a deceased estate can be overwhelming. Whether you're dealing with property transfers, tax implications, or just need guidance through the legal maze, having the right attorney by your side is crucial. Use our tool below to find a deceased estate lawyer in your suburb of Cape Town. These attorneys specialise in estate admin, filling the role of executor, drafting wills and providing estate tax advice.

Carry out your own due diligence; being listed here does not constitute an endorsement.

Deceased Estate Lawyers in Cape Town

Deceased estate lawyers are often simply referred to as "estate lawyers" in South Africa (overseas they are called probate attorneys). Deceased estate law deals with the administration and distribution of a person’s estate after their passing; it involves filing documents, attending hearings, and dealing with local magistrates. A lawyer based in Cape Town has direct knowledge of how these courts operate and who the local professionals are (e.g. to value property), which can expedite the process.

Consultation

It is critical that you check that your lawyer is certified with the Legal Practice Council.Being listed on this page does not constitute an endorsement - be sure to carry out a thorough due diligence before you hire an attorney. The order in which the lawyers appear below is not an indication of their relative ability.

Our aim is to help you find an estate attorney near you; if there is an area of Cape Town you would like us to cover, please let us know.

You want a local attorney who knows the property valuers, accountants, and tax advisors who are in the area. If there is property in the estate, then make sure the lawyer is licensed to do property transfers (conveyancing). Cape Town is culturally diverse; a local deceased estate lawyer who understands the diverse cultural and familial dynamics can help navigate sensitive issues. Some aspects of dealing with a deceased estate require personal interaction, especially when it comes to discussing sensitive issues with family members or executing a will. Being able to meet face-to-face can make these discussions more effective and build trust between you and your lawyer. Legal documents related to deceased estates, like wills, affidavits, or executor appointments, often need to be physically signed. Having a lawyer nearby makes it easier to handle these tasks without the need for time-consuming couriers.

7 Deceased estate Advocates

The following advocates are members of the Cape Bar and have expertise with deceased estates:

1. Cei Fehr
   • Phone 079 512 6072
2. Ellen Fitz-Patrick
   • Phone 021 423 7334
3. Jacki McCarthy
   • Phone 071 895 9804
4. Liz Carey-Wessels
   • Phone 076 376 0985
5. Michael Edmunds
   • Phone 021 424 0210
6. Monique Lee Davis
   • Phone 021 424 9149
7. Thabiet Booley
   • Phone 021 424 8610

Deceased estate lawyers for overseas assets

Most deceased estate lawyers are capable of managing an estate with international investments/assets; but be sure to check with them whether they have this expertise before hiring.

Probate lawyers in Cape Town for Overseas Clients

When someone passes away in South Africa with only overseas relatives, appointing a Cape Town-based probate lawyer as the executor or as the executor's agent is often the most practical solution. In South Africa, probate lawyers are commonly known as "deceased estate lawyers," specialising in navigating the complex deceased estate administration process. Be prepared for a lengthy timeline—South Africa’s probate process, involving multiple interactions with the Master of the High Court, typically takes longer than in many other countries, requiring patience and persistence. For international clients, communication is streamlined through email, WhatsApp, and video conferencing; making remote management feasible.

However, there are key factors to watch out for.

• Time zone differences can complicate scheduling—Cape Town operates on South African Standard Time (SAST, UTC+2), so coordinate a mutually convenient time for discussions.
• Currency fluctuations between the South African Rand (ZAR) and your local currency (e.g., USD, EUR, GBP) may impact fees and the estate's value, so confirm costs early (for very large estates the risk of currency movements may be reduced by using currency forward transactions - South AFrica has a well developed financial services sector).
• Legal documents often require certified copies, which can be challenging to arrange from abroad—verify if digital submissions suffice or plan for couriers.
• Watch for hidden costs like executor fees (up to 3.5% of the estate) or taxes, and ensure your lawyer is experienced with cross-border probate, as international laws can differ significantly from South Africa’s.

Cape Town probate/deceased estate lawyers are here to guide you every step of the way— WhatsApp us today to simplify the process from overseas, by putting you in touch with a leading probate lawyer based in Cape Town.

Frequently asked questions about deceased estates

What happens when someone passes without a will?

South Africa's Intestate Succession Act determines who inherits the estate of somebody who dies without a will.

What's an "intestate attorney"?

How long does the deceased estate process take in Cape Town?

In Cape Town it can take up to 3 months or more for a letter of executorship to be approved, after which the real work to wind up the estate begins.

What are the legal fees involved in managing a deceased estate in Cape Town?

Managing a deceased estate in Cape Town, as in the rest of South Africa, involves a number of legal and administrative fees. The costs can vary depending on the complexity of the estate, the value of the assets, and whether there are any disputes or complications.

• South African law allows an executor’s fee of up to 3.5% of the gross value of the estate.
• The application for the appointment of an executor, as well as the filing of the will, needs to be done at the Master of the High Court. The Master will charge administrative fees for the estate, which typically depend on the value of the estate. These fees are generally quite small, but they can add up depending on the complexity.
• If you hire an attorney to assist with the administration of the estate, legal fees may be charged based on hourly rates or a percentage of the estate’s value. The fees are negotiable but will often be between 0.5% to 1.5% of the estate’s value in addition to the executor’s fee. The legal services might include drafting the necessary documents, obtaining valuations, and advising on any legal issues.
• Assets such as property, artwork, or other valuable items will need to be valued, and this typically incurs costs. Conveyancing fees and other deceased estate property transfer costs may apply for the property.
• If the estate exceeds R3.5 million, estate duty is payable at a rate of 20% on the value above this threshold. This must be calculated and paid by the executor.
• If disputes arise or if the estate has to go through the courts for approval, there may be additional costs.
• Advertising fees may be incurred if the executor is required to place an advertisement in the Government Gazette and a local newspaper to inform creditors of the death.
• There might be costs related to transferring or closing bank accounts.

Who is an estate specialist?

The phrase "estate specialist" is usually a shortening for "deceased estate specialist", although it could potentially refer to a real estate specialist or a living estate specialist for the purposes of estate planning. Deceased estate specialists would include the lawyers liste on this page as well as deceased estate administrators, who are not necessarily lawyers themselves, but companies and individuals who specialise in assisting with the administration and executorship of estates.

Deceased Estate Lawyers in South Africa

With an increasing number of people outside of Cape Town interested in finding a deceased estate attorney; we are starting a list:

• Durban deceased estate attorney:
  • Verona Maharaj
  • 2004 Matric at Chatsworth Secondary
  • 2008 LLB at the University of KwaZulu-Natal
  • 2010 LLM (Medical) at the University of KwaZulu-Natal
  • Jan 2012 : 1st legal job at Nacker and Naidoo
  • Estate Planning, Trust and Estate Litigation • Wills
    • VMaharaj And Associates
      • 262 Lillian Ngoyi Rd, Durban
      • WhatsApp 067 963 5586
      • Email verona@vkinc.co.za

Deceased Estate Information

If a relative has died, perhaps without a will, and you are unsure of what do:

• Report deceased estate to the Master online
• Steps to take when your parent dies without a will.
  • Applying for a death certificate
  • J192 form - next-of-kin
  • Nomination to act as executor
• Lawyers in Cape Town specialising in deceased estates.
• Administrators in Cape Town for deceased estates .
• Letter of executorship requirements in South Africa.
  • J192 form - next-of-kin (if no will)
  • Nomination to act as executor (if no will)
  • J190 form assistance
• Administration of deceased estates in South Africa.
• Property transfer cost in a deceased estate.
• Inheritance and child maintenance obligations.
• Intestate Succession Act
• Tracking deceased estates
• Death of a spouse before divorce if finalised

Wills

• How to write a will.
• Example of a last will and testament.
• Get your will drafted for free (by a lawyer).
• List of lawyers that draft wills in Cape Town.
• Consider updating your will when these events occur:
  • when divorcing; to avoid your ex-spouse possibly inheriting everything.
  • death of somebody mentioned in your will,
  • the birth of a child you may want to include in your will,
  • marriages

Connect with a Deceased Estate Expert today

Deceased Estate discussion forum

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