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What to Do If Your Dad Died Without a Will

Email an estate lawyer for guidance if your Mom/Dad passed without leaving a will. We recommend that you contact an attorney in Cape Town who can guide you through the process (or near you, if you are not in Cape Town).

Losing a mother or father is one of the most difficult experiences anyone can go through, and the added stress of navigating legal matters can make this already challenging time even harder. If your parent passed away without a will, it can feel overwhelming trying to figure out what to do next. You may be uncertain about how his estate will be handled, what your rights are, or how to manage the responsibilities left behind. This guide will help you understand the steps to take when your father dies without a will, providing clarity on the legal process and what options are available to you during this emotionally difficult time.

What happens to your Dad’s Estate without a Will?

1. If your father was married and had no children (clearly not the case here, as you exist!); his surviving spouse would inherit everything.
2. If your father was not married but has children (yourself included); his children would inherit everything in equal shares.
3. If your father was married and had children (yourself included); his surviving spouse would inherit a child's share, but with a minimum of an amount specified by the Minister (R250,000 at the time of writing; click here to see if this has changed), his surviving children would receive equal shares of what remains once his surviving spouse has received her share.
4. If your father was not married and had no children; his estate would go to his parents. If both parents are deceased, the estate is divided among his siblings (brothers and sisters). If his siblings are also deceased, their children (the deceased's nieces and nephews) may inherit.
5. If there is no surviving spouse, children, or parents, no siblings or their descendants (nieces and nephews), the estate goes to more distant relatives like grandparents, aunts, uncles, or cousins.
6. If no relatives can be found (i.e., no surviving spouse, children, parents, siblings, or further relatives); the estate may eventually go to the state if no family members can be located.

Obtain guidance

Steps to Take When Your Father Dies Without a Will

1. Request a Notification of Death (death notice DHA1663) from a doctor/pathologist.
2. Submit the Notification of Death to the Department of Home Affairs together with an application for a death certificate (form DHA132). If you need an unabridged death certificate, then submit the completed DHA132 form along with payment of the applicable fee. An abridged death certificate will be issued at no charge on the day the death is registered.
3. Gather necessary documents (death notice, bank accounts, etc.).
4. Contact an estate lawyer; lawyer@capetownlawyer.co.za
5. Understand inheritance rights (who gets what, how the estate is divided).
6. Establish who his next-of-kin are, complete form J192 which includes the particulars of his next-of-kin, and witness this in front of a Comissioner of Oaths.




7. Decide, together with his next-of-kin, who should serve as executor of his estate (it can be a professional or relative), administrator of his estate (if different to executor) and any agents to assist (e.g. property lawyers to assist with property transfers). Complete the letter of nomination to act as executor form.


8. Complete the letter of executorship requirements and submit to the Master of the High Court. Within 14 days of death, the deceased's estate must be reported to the Master (by the surviving spouse, nearest relative, or someone closely connected to the deceased residing in the district where the death occurred, or by the person in control of the premises where the death took place).



9. Report the Estate Case to the South Arican Revenue Services; including:
   1. An image of your face with your ID
   2. Copy of the death certificate or the death notice of the deceased (J294)
   3. Copy of the last will and testament (if there is one)
   4. Certified copy of the identification document of the executor and of the deceased person
   5. The Estate Duty Return (REV267 form).
   6. Copy of form J238 (Letter of Executorship) or Form J190 (Accetance of trust as Executor)
   7. Copy of Form J170 (the Letter of Authority) or Form J155 (undertaking and acceptance of the Masters directions
   8. Copy of Form J243 (Inventory);
   9. The full name, physical address, email addresses and telephone numbers of the executor and the agent of the executor (if there is an agent - e.g. lawyers)
   10. A Power of attorney and certified copy of the identification document of the appointed person working for the agent (if there is an agent)
   11. If applicable and available; a copy of the signed final Liquidation and Distribution accounts