Deceased Estate - questions

[Hackster]

Hi guys, 

 

A question for the legal eagles.

 

A relative passed away last week after a long illness. Single female (divorced), with no children. Surviving relatives are two siblings and a parent.

 

There is supposedly a will but it has yet to be found.

The estate is very small, definitely under the R250k threshold; there's a pretty good chance that the liabilities outweigh the assets. No property. 

I spoke to a local firm and they've quoted R5k for the letter of Authority, and 3.5% of the estate to wind everything up.

 

My question is this, who has an obligation to do what? As far as I can see there's precious little to sort out. Would it be illegal to simply sell the car (or scrap it) and distribute those proceeds and a few personal items among family and friends, and move on? Given that this doesn't contradict the terms of the will (if it's found).

 

We have the Death Certificate, Notice of Death, ID book (stamped 'deceased'), confirmation of cremation, and burial order.

 

 

[SwissVan]

Hi guys, 

 

A question for the legal eagles.

 

A relative passed away last week after a long illness. Single female (divorced), with no children. Surviving relatives are two siblings and a parent.

 

There is supposedly a will but it has yet to be found.

The estate is very small, definitely under the R250k threshold; there's a pretty good chance that the liabilities outweigh the assets. No property. 

 

I spoke to a local firm and they've quoted R5k for the letter of Authority, and 3.5% of the estate to wind everything up.

 

My question is this, who has an obligation to do what? As far as I can see there's precious little to sort out. Would it be illegal to simply sell the car (or scrap it) and distribute those proceeds and a few personal items among family and friends, and move on? Given that this doesn't contradict the terms of the will (if it's found).

 

We have the Death Certificate, Notice of Death, ID book (stamped 'deceased'), confirmation of cremation, and burial order.

 

Not a legal eagle by any means, BUT I would say yes its not correct (illegal)?

Its not only about distributing the proceeds amongst family and friends.... 

 

There is a process that has to be followed.

First step is to see the will, I suggest contacting the deceased's bank to see if they have the will.

 

The will should stipulate who the executor of the estate is, typically a lot of people assign this role to their bank. They have the knowledge and people who do this stuff every day (for a fee).

 

Good luck

[Gen]

Hi guys,

 

A question for the legal eagles.

 

A relative passed away last week after a long illness. Single female (divorced), with no children. Surviving relatives are two siblings and a parent.

 

There is supposedly a will but it has yet to be found.

The estate is very small, definitely under the R250k threshold; there's a pretty good chance that the liabilities outweigh the assets. No property.

 

I spoke to a local firm and they've quoted R5k for the letter of Authority, and 3.5% of the estate to wind everything up.

 

My question is this, who has an obligation to do what? As far as I can see there's precious little to sort out. Would it be illegal to simply sell the car (or scrap it) and distribute those proceeds and a few personal items among family and friends, and move on? Given that this doesn't contradict the terms of the will (if it's found).

 

We have the Death Certificate, Notice of Death, ID book (stamped 'deceased'), confirmation of cremation, and burial order.

No legal eagle.. but this link may help you

 

 

https://www.justice.gov.za/master/deceased-how.html

[Albatross]

Use the lawyers, pay the money.

Unless you like queuing at Bishop Lavis magistrates court and around the block queues at SARS, true story.