The hours and days following a loved one’s death can, understandably, be extremely difficult. However, even though the family members may be emotionally struggling to accept the loss, they must, unfortunately, also begin taking the next steps during this time of difficulty.
In this article, we will explain the processes that need to be followed for the removal of the deceased individual’s mortal remains, as well as the subsequent administration and distribution of your loved one’s estate.
At date of death
When an individual had passed away at home due to natural causes, any person who was either present at the death, became aware thereof after the death, or who is to take charge of the burial concerned, must contact a medical practitioner to go to the house and complete a notice of death and must then contact a funeral undertaker to transfer the deceased’s mortal remains.
However, should the deceased individual have passed away in the hospital due to natural causes, then the medical practitioner concerned will issue and sign the death notice, where after the body will be taken to the hospital’s mortuary, alternatively, you will need to contact a funeral undertaker to arrange for the deceased to be collected.
In the event that the deceased individual had passed away in a motor vehicle collision, you will be contacted to identify the deceased, and the medical practitioner who had examined the body will, subsequently, issue the prescribed notice of death.
Should a deceased individual have passed away under suspicious circumstances, the South African Police Service (SAPS) will need to be contacted immediately, whereupon they will make the necessary arrangements for the body to be removed and the investigating officer will either record the death as “natural causes”, if satisfied that the deceased died of natural causes, as “unnatural causes”, if satisfied that the death was due to unnatural causes, or as “under investigation” and issue a case number, if the death is still under investigation. Once the inquest had been finalized, the district surgeon, who is usually a pathologist, shall issue the notice of death and have same delivered to the police station, whereupon the investigating officer will, on the basis of said certificate, complete the death register and issue the prescribed burial order, whereupon the body may be removed.
The funeral arrangements and registration of the deceased individual’s death
Once the deceased’s body had been transferred to the funeral undertaker, they will assist you with the necessary funeral arrangements. Please take note that no burial may take place unless a burial order had been issued by the Department of Home Affairs or the investigating officer concerned.
As such, after you had obtained the notice of death from the medical practitioner, you will have to go to the Department of Home Affairs to register the death of the deceased individual and to, subsequently, obtain a death certificate and/or burial order.
After you are in possession of the aforesaid burial order, same will have to be delivered to the person in charge of the burial place in order for said person to maintain a burial register in which he shall enter the aforesaid burial order. However, please to retain possession of the notice of death and death certificate, as these documents must be delivered to the Master of the High Court in order to report the estate of the deceased individual and commence the administration process.
What is the administration process of deceased estates?
When a person passes away, they leave an estate which compromises of assets, i.e., immovable property, bank accounts and investments, as well as liabilities, such as bonds, creditor claims and income tax to date of death, whereby the estate liabilities must be settled and the estate assets distributed and/or transferred to the heirs.
The administration of a deceased estate is, therefore, a procedure designed to give dignity to the financial affairs of the deceased by providing for the orderly administration and distribution of his/her estate to his/her heirs, and to, accordingly, bring the deceased affairs to an orderly conclusion in terms of their Will, or according to the law of intestate succession, should the deceased not have left a valid will.
The Administration of Estates Act, No. 66 of 1965 sets certain limits within which a deceased’s individual’s estate must be reported, namely that, the surviving spouse (or nearest relative residing in the deceased’s district, if there is no surviving spouse), must give notice of death, or cause such notice to be given to the Master of the High Court, within 14 (fourteen) days after the death of the deceased individual, which notice will be registered by the Master in a register of estates. Alternatively, should the deceased have executed a Will, any person who is in possession thereof at the time of the deceased’s death, must give notice to the Master of the deceased individual’s death as soon as same comes to their knowledge.
Furthermore, the surviving spouse and/or all persons who have an interest in the deceased estate as heirs must, in each other’s presence and within a period of 14 (fourteen) days after the death of the deceased, draft an inventory of all property that they know to have belonged to the deceased at date of death, such as the deceased’s movable and immovable property, and to submit same to the Master. The aforementioned inventory is only provisional and is not expected to contain precise details and/or exact values, as it is only used by the Master to determine the amount of security that would be required before a letter of Executorship is granted (should security have to be lodged in terms of Section 23 of the Estates Act), and/or to determine whether the administration may proceed in terms of Section 18(3) of the Estates Act (should the value of the estate be R250,000.00 or less).
Lastly, please note that no person may liquidate and distribute an estate of any deceased individual, should said person not have been issued with a Letter of Executorship or Letter of Authority by the Master of the High Court.
JW Wessels and Partners Incorporated
Kindly be advised that we assist with the administration and distribution of deceased estates, amongst a wide array of other professional legal services, in ensuring that the statutory requirements of the Estates Act are complied with. Should you have any additional questions, please do not hesitate to contact us for more information.
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