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Deceased Estate Fees in Cape Town
Managing a deceased estate in Cape Town, as in the rest of South Africa, involves the estate incurring 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. This page sets out the fees charged to deceased estates in South Africa, what they are paying for, how they are calculated, and who is responsible for paying them.
- 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. If the executor signs a power in the lawyer's favour they may waive the hourly fees but take the executors commission as payment (it's important to negotiate this with any potential lawyer).
- 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.
If there is a will which sets out who should be executor and who the beneficiaries are, this simplifies the management of the estate. If there is no will then a process is followed to determine the executor.
- Establish who the next-of-kin are and set this information out in a J192 form witnessed in front of a commissioner of oaths.
- The next-of-kin can nominate an executor.
- The nominated executor can accept the nomination in a form J190, acceptance of trust as executor.
Family, Estate & notarial legal services
Deceased Estate Information
If a relative has died, perhaps without a will, and you are unsure of what to do:
- Report deceased estate to the Master online
- Steps to take when your parent dies without a will.
- 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 is 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
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Deceased Estate discussion forum
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