Letter of Executorship in South Africa: How to Get One

What a letter of executorship is, when you need it instead of Letters of Authority, the documents, the costs and the timeline, step by step for South Africa.

A letter of executorship is the document the Master of the High Court issues to appoint an executor and give that person legal authority over a deceased estate. In South Africa you need one when the gross value of the estate is above R250,000. Below that, the Master normally issues Letters of Authority instead. Without either document, nobody can lawfully touch the deceased's bank account, sell their property or pay their creditors. This guide explains who applies, what to hand in, what it costs and why it often takes longer than families expect.

TL;DR

Report the death to the Master's Office where the deceased normally lived, within 14 days.
Estates with a gross value above R250,000 need Letters of Executorship. Smaller estates usually get Letters of Authority.
The Master's fee is R600 for estates from R250,000 to R400,000, and the executor's fee is capped at 3.5% of gross assets, unless the will says otherwise.
The letter is a starting point: the estate stays frozen until it is issued, and winding up usually takes well over six months.
You may act as executor without being a professional, but the Master advises getting an attorney, accountant or trust company to help.

What a letter of executorship actually is
Letters of Executorship or Letters of Authority?
Who can be an executor
How to get a letter of executorship, step by step
How much does it cost?
How long does it take?
The executor's duties in plain terms
Where families go wrong
Our perspective
Finding an attorney for the estate
FAQ
Sources

What a letter of executorship actually is

The letter is the state's proof that a named person may act as the personal representative of a deceased estate. The Administration of Estates Act 66 of 1965 governs it. Banks, the Deeds Office, insurers and share registers will ask to see it before they release anything.

The practical effect is easy to describe. Until the letter is issued, the estate is effectively frozen. The executor cannot access accounts, transfer a house or pay debts. That is why families who have a will in hand still feel stuck for weeks.

People search for this under several names: letter of executorship, letters of executorship, letter of authority. The first two mean the same document. The third is related but different, and the difference depends on the size of the estate.

Letters of Executorship or Letters of Authority?

The dividing line is the gross value of the estate, meaning everything the deceased owned before debts are deducted.

	Letters of Executorship	Letters of Authority
Gross estate value	Above R250,000	R250,000 or less
Issued by	Master of the High Court	Master of the High Court (or Magistrate's service point)
Administration	Full process under the Act, including a Liquidation and Distribution account	Significantly simplified
Master's fee	From R600 upwards on a sliding scale	None

A parliamentary reply from the Minister of Justice describes the same split: Letters of Executorship under sections 13 and 14 of the Act for estates above R250,000, with stricter requirements including an account of the estate.

Count carefully. Gross value includes the house, vehicles, bank balances, investments, policies payable to the estate and personal effects. A modest family home can push an estate past R250,000 by itself, so most estates with property need the full letter.

Who can be an executor

The will usually names the executor. If there is no will, or the named person cannot or will not act, the Master appoints someone, normally after consulting the family. Common appointees are a surviving spouse, an adult child, an attorney or a trust company.

A layperson may act. The Master's office advises that people who are not professionals should be assisted by an attorney, accountant or trust company, because the paperwork under the Act is demanding. That is honest advice. A first-time executor faces several mandatory filings and legal duties, and mistakes can make the executor personally liable.

Security is one cost that families can often avoid. According to the Master's FAQ, a parent, spouse or child of the deceased who is appointed executor is generally exempt from providing security to the Master, unless the Master demands it or the will requires it. Others may have to arrange a bond of security for the value of the assets.

Who can be an executor — overview diagram

How to get a letter of executorship, step by step

1. Report the death within 14 days

The estate must be reported by an interested party to the Master's Office in whose jurisdiction the deceased normally lived, within 14 days. The reporting documents differ slightly depending on the value of the estate.

Jurisdiction trips people up. It depends on where the deceased lived, not where the heirs live. The Master's FAQ points to wrong-office applications as a frequent cause of delay. If your mother lived in Durban and you live in Cape Town, the file goes to the Durban office.

2. Gather the documents

Exact requirements vary by office and case, so confirm the current list with the Master's Office before you lodge. In general, expect to need:

the death certificate and the deceased's identity document;
the original will and any codicils, if there is one;
the Death Notice (form J294);
the Inventory of assets (form J243);
identity documents and contact details for the nominated executor and the heirs;
proof of the deceased's marital status and, where relevant, the marriage certificate and antenuptial contract.

The forms are named in the Master's FAQ. Incomplete files are the most common reason for a query back from the Master, which restarts the waiting.

3. Lodge the application and answer queries

The nominated executor, or the attorney acting for them, lodges the package. The Master's staff check the will, the inventory and whether security is needed. Expect questions. Answer them promptly and in writing, because each round adds days.

4. Receive the letter and start administering

When the Master is satisfied, the letters are issued and the executor is appointed. Ask for several certified copies. A bank, the Deeds Office and an insurer may each want to keep one.

Then the real work begins: opening an estate bank account, notifying creditors, valuing and where necessary selling assets, and settling taxes. Estates also have a SARS side. SARS lists the supporting documents needed to report a new estate case on its own channels, so budget time for that.

How much does it cost?

Two separate charges are often mixed up. Add them together only after you understand each.

The Master's fee. According to Recording Law's 2026 guide, there is no fee for estates under R250,000, R600 for estates between R250,000 and R400,000, and a sliding scale above that, capped at R7,000.

The executor's remuneration. The same guide explains that the tariff is capped at 3.5% (excluding VAT) of the gross value of the assets, plus 6% of income collected after death, with a minimum of R350. This is a ceiling, not a fixed price. If the will sets a different fee, that applies.

Here is a worked example with a R1,000,000 gross estate and an outside executor charging the maximum. The executor's commission would be up to R35,000 before VAT. The Master's fee is separate and depends on the sliding scale, so ask the Master's Office or your attorney for the exact figure. Advertising, valuation and conveyancing costs are further items.

Two practical points save money:

A family member acting as executor can choose to waive or reduce remuneration. Beneficiaries should say early if they expect this.
Get the proposed fee in writing before you appoint a professional. The Master has discretion to approve or reduce what is claimed.

How long does it take?

The Master's turnaround varies by office and workload. One commercial guide puts a typical wait at four to eight weeks from a complete application, with extremes from two weeks to over three months. Treat that as an indication, not a promise. A clean file lodged at the correct office is the best way to land at the short end.

The longer clock is the winding up. The executor must lodge a Liquidation and Distribution account within six months of appointment, but that is an administrative target for the account, not a guaranteed distribution date. Disputes, property sales or an insolvent estate regularly stretch the process further. After the account is lodged it must lie open for inspection before heirs can be paid.

The executor's duties in plain terms

An executor is a fiduciary: they manage the estate for the creditors and heirs, not for themselves. In practice that means:

Securing the assets and keeping estate money separate from personal money.
Compiling the inventory and valuing assets.
Giving creditors the chance to claim and paying valid debts in the correct order.
Settling tax obligations of the deceased and the estate.
Drawing up the Liquidation and Distribution account and lodging it with the Master.
Paying the heirs once the account is confirmed.

Creditors rank ahead of heirs. Distributing to family early, before debts are known, is a classic way for an executor to end up personally exposed.

Where families go wrong

Waiting too long to report. The 14 days is the rule. Late reporting does not end the process but it starts the delays earlier.
Going to the wrong office. Always check where the deceased normally lived.
Assuming a will makes the executor automatic. The will nominates. Only the Master's letter authorises.
Paying heirs or selling assets before the letter arrives. The executor has no power until then, and banks will refuse.
Treating the 3.5% as the price. It is a maximum.
Ignoring other documents. A power of attorney held by the deceased ended at death, so it gives nobody authority over the estate. Only the letter does.

Our perspective

At Justibly we see the same pattern in the questions people bring to us. They are grieving, the bank has just told them they cannot access an account, and they have been given a list of forms they have never heard of. The question is rarely "what is the law". It is "who can I trust to help me with this".

Our perspective — overview diagram

Our answer is to start with the register. Every attorney in our directory is matched to Legal Practice Council data, and listings are not ranked by who pays. If you decide to hand the application to a professional, you should be choosing from verified, registered practitioners in your province who say they work in deceased estates, not whoever bought the best position. Ask any attorney three things before you appoint them: their fee basis in writing, who in the firm will actually do the work, and how often they will update you.

And where you can do parts yourself, do. Gathering documents, finding policies and talking to family are things a grieving executor can do before an attorney even opens a file. That is cheaper for the estate and keeps you informed.

— Nkosi

Finding an attorney for the estate

If the estate has property, a business, a dispute among heirs or debts, an attorney experienced in deceased estates earns their fee by preventing mistakes. On Justibly you can search LPC-registered attorneys by practice area and location, and the directory is free for you to use. If you first want to understand what a lawyer will and will not do for you, read what an attorney does. If money is tight, our guides to free legal advice and pro bono help show where to start.

FAQ

Can I get a letter of executorship without a lawyer?

Yes. The law does not require an executor to be a professional. The Master's Office does, however, advise lay executors to be assisted by an attorney, accountant or trust company because the process involves several mandatory filings. A simple estate with one clear heir and few assets is the most realistic one to do yourself.

How much does a letter of executorship cost?

There are two parts. The Master charges nothing below R250,000, R600 for estates from R250,000 to R400,000 and more on a sliding scale to a R7,000 cap. The executor's own fee is capped at 3.5% of gross assets plus 6% of post-death income, and you can agree less. Confirm current amounts with the Master's Office.

How long does it take to get one?

Often four to eight weeks after a complete application, though the Master's workload and any queries can make it shorter or much longer. A correct file lodged with the right Master's Office is the biggest factor you control. The full winding up of the estate takes longer, often beyond six months.

What is the difference between a letter of authority and a letter of executorship?

Letters of Executorship go with estates above R250,000 and a full administration. Letters of Authority are issued for estates of R250,000 or less and allow a simplified process. Both come from the Master and both give you the legal power to act for the estate.

Where do I apply?

Apply at the Master's Office covering the area where the deceased normally lived, not where you live. For smaller estates a Magistrate's Court service point may handle the reporting. Check the Master's website for the correct office before you travel.