How to Get Letter of Authority in South Africa
Those chosen to manage a decedent’s estate are issued a letter of authority by the Master of the High Court.
Only after a person has passed away and their death has been officially notified may one request a letter of authorisation from the Master of the High Court. The person you and your siblings choose to represent you and receive the letter of authority must agree to do so. You all have the option of nominating each other or another person you all respect. The designated representative has the legal right and obligation to manage your mother’s estate according to the letter of authorization.
The Office of the Master of the High Court or a Magistrates Court must be contacted in order to get the letter of authority (J170), which can take up to 120 days to issue. Typically, it is good for up to 12 months. In accordance with Section 18(3) of the Administration of Estates Act, the person designated as the representative receives the letter of authorisation.
The following reporting documents are required (these forms are available online at www.justice.gov.za/master/forms.html): Completed death notice (form J294) Original or certified copy of the death certificate Original or certified copy of a marriage certificate (if applicable) All original wills or documents intended as such (if any) Next-of-kin affidavit if the deceased did not leave a valid will (form J192) Completed inventory form (form J243) List of creditors of deceased (if applicable) Nominations by the heirs for the appointment of a Master’s representative in the case of an intestate estate or where no executor has been nominated in the will or the nominated executor declines the appointment. Undertaking and acceptance of Master’s directions (form J155) Declaration confirming that the estate has not already been reported to another Master’s Office or Magistrates Court.
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In South Africa, how much does a letter of authority cost? Applications won’t be taken into consideration until NRCS has received the non-refundable R 1800.00 LOA cost.
Within four to six days, your letter of authority ought to be prepared.
A letter of authority may be revoked under the Administration of Estates Act, No. 66 of 1965 (the Act).
