Property Transfers

Deceased Estate Property Transfers

Dealing with a property transfer from a deceased estate can be an overwhelming and unfamiliar process. At MJA & Associates, we simplify this journey for you. Whether it's part of a private sale or a transfer from a deceased estate, our experienced team is here to guide you.

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WE AT MJA & ASSOCIATES ARE EXPERIENCED WITH THE PROPERTY TRANSFER PROCESS

Whether it's:
  • Part of an ordinary private sale agreement
  • The transfer of property from a deceased estate

We understand you may have many questions, such as:

  • Why can’t the property remain in the name of the deceased?
  • What are the costs involved in transferring a deceased estate property?
  • Who is authorized to sign for the transfer of a deceased estate property?
  • Can we sell the deceased estate property to a private buyer?
  • What should I do if one of my siblings wants to buy the property?
  • What’s the process if my parent passed away intestate (without a will)?
  • How do I handle a situation where a sibling refuses to allow buyers to view the property?
  • What steps should be taken when there are arrears owed to the bank or municipality?
  • Is a letter of executorship necessary to sell the deceased estate property?

Let us guide you through these complex processes with expert advice and support.

THE ANSWERS TO ALL THE ABOVE QUESTIONS IS FOUND ON OUR FAQ PAGE

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TRANSFER PROCESS OF YOUR E/LATE PROPERTY

At MJA & Associates, in collaboration with our conveyancer partners, we are committed to guiding you through every step of the often lengthy deceased estate property transfer process.

Transfer of property from a deceased estate is governed by three key Acts of Parliament:

  • The Deeds Registries Act 47 of 1937
  • The Administration of Estates Act 66 of 1965
  • The Intestate Succession Act 81 of 1987, applicable if the deceased passed away intestate (without a will).
While the process of transferring a deceased property to the heirs is not inherently complex, it is an administrative procedure that must comply with the regulations of the Acts mentioned above.

All immovable property (such as houses, flats, etc.) must undergo the conveyancing process as stipulated by the Deeds Registries Act 47 of 1937.

This process is facilitated by a practicing attorney who is also a qualified conveyancer. When a property owner passes away, the property forms part of the deceased estate and is subject to this process.

Let us simplify this journey for you with our expertise and support.
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What is the Role of the Executor in the Transfer of Estate Property?

Only an executor appointed by the local Master's Office can manage the transfer of a deceased's property.

MJA & Associates have extensive experience assisting family members in obtaining Letters of Executorship. Any conveyancer will require the Letter of Executorship to apply for the Section 42(2) certificate from the Master's Office under the Administration of Estates Act 66 of 1965.

Letters of Executorship and the Sale of Estate Property:

Master's Requirements and Process Followed by the Executor:
A property can be sold from a deceased estate provided certain Master's conditions and legal requirements are met:
  • If there is a valid will, the Master must review it.
  • An executor is appointed either according to the will or as nominated to be the executor.
  • The Master's Office issues the Letter of Executorship to the qualified person.
  • Part of the Master's process includes the advertisement of the Liquidation and Distribution Account.
  • The appointed executor is authorized to advertise the estate property for sale if no family members express interest in purchasing it.
  • To preserve family unity and out of respect, it is advisable for the executor to grant the first option to buy to a family member who is willing and financially capable.
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Letter of Executorship & Process in the Transfer of Estate Property

  • The Letter of Executorship (LOE) authorizes the executor to begin advertising the estate property.
  • It authorizes the executor to sign an offer to purchase from a buyer.
  • The LOE also authorizes the executor to sign all transfer documents.
  • The sale must be approved by the Master's Office before the transfer can take place.
  • The conveyancer must submit a Section 42(2) application under the Administration of Estates Act 66 of 1965, along with a certified copy of the deed of sale, to obtain the Master's consent for the transfer to proceed.
  • The conveyancer’s process must align with the Deeds Registry requirements as stipulated in the Deeds Registries Act 47 of 1937.

Documents to be Lodged at the Deeds Office by the Conveyancer

  • Master's Section 42(2) Certificate.
  • The original title deed to the property.
  • Proof of municipal rates clearance certificate.
  • Proof of any bond cancellation over the property.
  • SARS transfer duty receipt.
  • Power of attorney from the executor authorizing the conveyancer to transfer the property.

How MJA & Associates Can Assist:

  • MJA & Associates can help executors with the entire administration process of a deceased estate.
  • At the request of the executor, they can also assist in marketing the estate property to secure a fair, market-related price for the benefit of all heirs.
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Conveyancing Services

Our Conveyancing Associates offers the following services

  • Drafting and reviewing agreements of sale.
  • Transfer of fixed property from one party to another via the deed of sale, commonly referred to as the offer to purchase.
  • Transfer of fixed property through a sale from a deceased estate.
  • Transfer or endorsement of property from a deceased estate to the surviving spouse or heirs, as per the liquidation and distribution account.
  • Transfer or endorsement of property in terms of a divorce order.
  • Transfer of property from an individual to a trust as an estate planning tool.
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SELLERS SOLD YOUR HOME ???

Sellers Receive Bridging Loans Within 24 HRS
  • Waiting on Transfer ?
  • Need Bridging Loans within 24 Hours ?
  • Need Cash for any Need before your Transfer ?

MJA & ASSOCIATES CAN ARRANGE

  • Payouts of any Amount within 24 Hours
  • We arrange competitive Daily Rates
  • T's & C's Apply to all Bridging Loan Applications*
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