"An Attorney near me" - Cape Town legal directory
lawyer@capetownlawyer.co.za or WhatsApp

J192 Form: Next-of-Kin affidavit

If there is no valid last will and testament, then Form J192 must be filled in, the Next of Kin Affidavit, which sets out who the next-of-kin are. Form J192 must also be filled in if there was a will which nominated heirs in a class (e.g. l"my daughters"), without specifying the names of the heirs. See more details in circular 59 of 2023. The J192 form is also known as the "Next of Kin Affidavit" and is sometimes referred to as the "Family affidavit".

Consultation

If no executor was specified in a will (or there wasn't a will), the next-of-kin are responsible for nominating an executor to manage and distribute the deceased estate. Often the next-of-kin affidavit, the nomination to act as executor form, and the acceptance of trust as executor form will all sent together to the Master of the High Court. As with all documents submitted to the Master, it is important to ensure all information provided is accurate and complete (false declarations can lead to legal consequences). If you have any doubts then consult with a deceased estate lawyer, if fact it's good advice to do that anyway.

Next steps

1. Click here to download the J192 form pdf and fill it in as far as you can.
2. Email the completed J192 form to lawyer@capetownlawyer.co.za for review, assistance and let us know if there is anything in particular you are struggling with. We will help you finalise it.
3. Once the form is finalised; you need a Commissioner of Oaths to witness your affidavit (if you are in Cape Town we can assist with that). Both the person making the affidavit and the Commissioner of Oaths must initial every page and all alterations; and sign the next-of-kin affidavit and sign any annexures attached to the affidavit.

Form J192 must be completed by a person (the declarant) who has the knowledge and authority to provide accurate information about the deceased and their family relationships. Typically, this person is someone closely connected to the deceased; it may be an executor, a family member or a legal representative of the deceased. The declarant must be willing to swear or affirm that the information provided is true; and sign the affidavit in the presence of a Magistrate, Justice of the Peace, or Commissioner of Oaths.

How to fill in the Declarant’s Details

This section identifies the person completing the J192 and making the declaration. The declarant should fill in the following about themselves:

• [Your Full Name]: Write your full legal name (for example "John Doe").
• of [Your Address]: Write your complete residential or postal address (e.g., 123 Nettleton Drive, Clifton, Cape Town, Western Cape, 8005).
• "do hereby make oath and say/affirm" Depending on whether you are swearing an oath (religious) or affirming (non-religious), choose the appropriate term by crossing out the one that doesn’t apply.
• "that within is a true and complete statement" By signing this affidavit, you declare the information provided is accurate and truthful.

Family, Estate & notarial legal services

Email Address:

Reason:
Notarial servicesNotarial Certification of documentsDraft Antenuptial Contract (about R3,315)Draft Postnuptial Contract (roughly R32,000)Draft Life Partnership (about R5500)Draft Will R980Draft Will - free with executorshipDivorce - Uncontested (roughly R12,000)Divorce - ContestedMarriage Annulment (roughly R80,000)Divorce Accrual CalculationEstate PlanningDeceased estate assistance with wind-up 2.5%Letters of Executorship (about R1150)Personal AccidentTrustOther
Name:

Phone number:

Special Requests:

Signing and Swearing

• Signature, Print Name and Surname: Sign the document and print your full name underneath.
• Signed and sworn to/affirmed before me at [Place]: Fill in the location where you are signing (e.g., Cape Town Magistrate’s Court). this [Day] day of [Month] in the year [Year]: State the date (e.g., 26th day of November in the year 2025).
• Magistrate/Justice of the Peace/Commissioner of Oaths: This is completed by the official witnessing your affidavit. Ensure the official fills in:
  • Their name and signature.
  • Their area of jurisdiction.
  • If the appointment is ex officio, the office held (e.g., Commissioner of Oaths, Department of Home Affairs).

How to fill in Next-of-Kin Details

Surviving Spouse

• Write the full name of the deceased’s spouse (if applicable).
  • E.g. Mary Jane Doe.
  • If the deceased was unmarried or divorced, write NONE.

Children and Their Dates of Birth

• Living children: List all children of the deceased with their full names and dates of birth.
  • E.g. David John Doe (born 5 March 1995)
• Deceased children: For children who passed away before the deceased, include their full names,and dates of death.
  • E.g.: Mark Andrew Doe (died 15 June 2010).
    • Separate Affidavits: If a predeceased child had descendants, a separate next-of-kin affidavit for that branch of the family is needed (ie there will be a seperate next-of-kin affidavit for each predeceased child with descendants)..

Include all biological as well as adopted children from previous relationships as well as from the relationship at the time of death.

Parents of the Deceased

• Father of the Deceased: Provide the full name. If deceased, write NONE or provide the date of death.
• Mother of the Deceased: Provide the full name. If deceased, write NONE or provide the date of death.

Brothers and Sisters

• Whether they are full or half-siblings.
• Full names, dates of birth, and current addresses.
  • E.g. Jane Elizabeth Smith (full sibling, born 10 December 1975, 45 Park Lane, Durban).
  • Michael James Brown (half-sibling, born 20 April 1980, 55 Sunrise Boulevard, Camps Bay, Cape Town).
    • Step-parent’s name: Include the name of the step-parent related to half-siblings.
  • Deceased Sibling. For siblings who have passed away, provide their:
    • full names and dates of death. E.g. Peter Andrew Smith (died 3 March 2005).
    • If they had children, list their names, dates of birth, current addresses. E.g. Paul John Smith (born 15 July 1998, 12 Sandton Road, Johannesburg).

Ensure all names, dates, and relationships are correctly documented, as this information is critical for estate and inheritance proceedings. Do not leave blank fields. Write NONE if there are no relatives in a category.

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

Note that this is a public forum - exercise caution before acting on info and use at own risk. Anybody may ask and answer, and you don't know what their level of expertise is. No information on this website should be acted on without first consulting with a lawyer to test its validity. Do not share private details here.