A deceased estate with an asset value of less than R250 000.00 is referred to as a section 18(3) estate. In such an estate an administrator (as opposed to an executor/executrix) is appointed and most of the requirements of the Administration of Estates Act are not applicable to the administration of such an estate. The administration process is, however, still cumbersome, and I can take the administrative burden off the shoulders of the appointed administrator. 

Should the assets of the deceased estate equate to or exceed R250 000.00 an executor/executrix is appointed by the Master of the High Court. The executor/executrix is then burdened with the administration process provided for in the Administration of Estates Act.  The position is onerous, requires specialised legal knowledge and a whole lot of diligence as these types of estates usually take a minimum of 6-8 months to finalise. 

An administrator/executor can be nominated in your will, alternatively must be nominated by the heirs of your estate if you did not leave a valid will, in which event he/she is then appointed by the Master of the High Court.  Should the nominated executor not have been exempted from providing security in your will, or if you did not leave a valid will (and consequently did not appoint an executor in your will), on your demise, the Master may call on the executor to provide security equal to the value of the assets of your estate.  Obtaining security is an expensive exercise and not all executors will have access thereto.  

As an attorney with a valid Fidelity Fund Certificate, I have access to such security through the Legal Practitioners Indemnity Fund NPC. There may be family members that are nominated as executors of estates. If the family member does not have the necessary knowledge and expertise to administer your estate, the Master will insist that your family member may only take up the said appointment with the assistance of a professional person with the requisite expertise.  It is therefore advisable to nominate in your will an attorney’s firm to attend to the administration of your estate. The agreed fee tariff can then also be stipulated.