The process of winding up a deceased estate in South Africa is often far more time-consuming than most people anticipate. It’s not unusual for it to take anywhere from six months to three years to finalise, depending on the size and complexity of the estate, as well as the preparedness of the deceased and their family. In fact, a study conducted by Capital Legacy shows that only 30% of estates are wrapped up within a year. The rest often face serious delays due to preventable oversights.
Estate administration involves a legally regulated set of steps designed to confirm a deceased person’s financial affairs, distribute their assets according to their will (or intestate rules), and settle any outstanding debts or obligations. Although many South Africans may believe that having a signed will is enough, this is just the starting point. Without proper planning and communication beforehand, families are often left dealing with lengthy and emotionally draining administrative obstacles—right when they are grieving a loss.
With the right steps, however, it is possible to significantly reduce the delays and frustration commonly associated with deceased estate administration. Below are the primary causes of delays, and what you can do during your lifetime to help your loved ones avoid them.
The Most Common Causes of Estate Administration Delays in South Africa
Estate administration can be held up by a wide range of issues — many of which are avoidable with proper foresight. While some delays are due to regulatory backlogs or institutional inefficiencies, many are caused by personal oversights that could have been addressed well in advance. Understanding these obstacles is key to preventing unnecessary hardship for the family members left behind.
1. Dying Without a Valid Will
Passing away without a will — known as dying intestate — is one of the biggest causes of delays in the administration of estate matters. In such cases, the estate cannot be distributed according to personal wishes. Instead, the process defaults to the rules set out by South Africa’s Intestate Succession Act, which outlines a rigid formula for how assets must be divided among surviving relatives.
This not only strips families of decision-making power but often leads to confusion, disputes, and resentment. The process of appointing an executor also becomes more time-consuming, as the Master of the High Court must select an appropriate person (typically a family member or close relative) to manage the estate. In contrast, where a valid will exists, the nominated executor can be appointed with far less delay.
Simply put, dying without a will places unnecessary strain on the estate administration process and those left behind.
2. Selecting the Wrong Executor
Even when a will is in place, naming the wrong executor can lead to delays — especially if the individual chosen is not properly qualified or capable of handling the responsibilities involved. While it may seem logical to nominate a family member or close friend, this choice should be carefully considered. The person must not only be trustworthy but also organised, financially literate, and able to communicate effectively with various stakeholders, including legal professionals, SARS, financial institutions, and beneficiaries.
Should an executor resign or pass away before the estate is finalised, the Master of the High Court must appoint a replacement. This results in administrative delays and additional documentation — particularly if the nominated executor failed to put adequate contingency plans in place. It's also worth noting that if an executor doesn't act in the best interests of the estate, beneficiaries have the right to apply for their removal, which can further stall progress.
Working with a professional executor or a reputable fiduciary firm often ensures a smoother process from the outset.
3. Poor Recordkeeping and Disorganised Documentation
One of the most overlooked causes of delay in deceased estate administration is the lack of clear and accessible documentation. Many people don’t realise how crucial it is to keep up-to-date records of their financial affairs. Without these, executors are forced to go digging — often spending weeks or even months trying to track down relevant policies, title deeds, bond details, bank accounts, or offshore investments.
If certain assets or liabilities are unknown or undocumented, they may be excluded from the final estate, incorrectly valued, or cause issues during liquidation and distribution. This is particularly problematic when it comes to insurance policies or annuities, where payout delays may result in short-term financial hardship for surviving dependants.
Ideally, important documents should be consolidated, reviewed annually, and stored securely — with clear instructions for access in the event of death. Some professionals recommend creating a “life file” or estate readiness folder containing your will, identity documents, marriage certificate (if applicable), insurance policies, list of assets and liabilities, and any relevant login credentials for digital accounts or financial portals.
The Importance of Planning Ahead
Many people delay estate planning, thinking it's only necessary later in life or once they’ve built significant wealth. But delays in deceased estate administration can affect families of any age or financial standing — especially when key steps have been neglected. Planning early helps minimise stress, avoid disputes, and ensure your estate is dealt with efficiently.
A Valid Will Is Just the Beginning
Having a signed, legally sound will is essential, but it’s only the foundation. Your executor must also be informed of your wishes, have access to your documents, and understand the structure of your estate. Without this, even a valid will can lead to unnecessary delays.
Make it a habit to update your will after major life events — such as marriage, divorce, childbirth, purchasing property, or starting a business — to ensure it accurately reflects your current circumstances.
Choose an Executor Who Can Deliver
While appointing a family member might seem appropriate, managing an estate can be legally and administratively demanding. If your estate includes several properties, offshore assets, or business interests, it’s wise to consider a professional executor or fiduciary specialist who understands the legal requirements and timelines involved.
This reduces the risk of administrative errors, executor resignation, or further delays caused by inexperience.
Don’t Overlook Planning for Minor Children
If you have minor children, estate planning takes on even greater importance. A will allows you to name a legal guardian and establish a trust to manage their inheritance until they reach adulthood. Without this, the court may intervene — a process that can take time and create uncertainty during an already traumatic period.
Prepare for Debt, Taxes, and Liquidity Issues
One of the most overlooked causes of delay is a lack of available cash in the estate to pay debts, taxes, or administration fees. If there isn’t enough liquidity, the executor may be forced to sell off assets — often quickly and below market value. Planning in advance, such as taking out life cover or ensuring access to cash reserves, can prevent this from happening.
VDM Attorneys – Estate Administration Attorneys
Administering a deceased estate is not just a matter of paperwork — it is a legal process governed by strict procedures, deadlines, and statutory responsibilities. When these steps are misunderstood or mishandled, the result is often prolonged delays, increased costs, and unnecessary emotional strain for the people left behind.
Working with an attorney throughout the estate planning and estate administration process brings structure and legal certainty to a time that is otherwise uncertain. From drafting a legally compliant will to navigating the reporting requirements of the Master’s Office, a qualified attorney ensures that each stage of the process is handled correctly, transparently, and in accordance with the law.
At its core, proper estate administration is about honouring a person’s final intentions and protecting those they leave behind. Involving an experienced attorney helps ensure that this responsibility is met with diligence and care — from the moment a plan is put in place to the final distribution of the estate.
Contact us to find out how our attorneys in Sandton can assist you and your family.