Understanding the Sale of Immovable Property from a Deceased Estate in South Africa

When a loved one passes away, the process of managing and distributing their estate can be emotionally and legally challenging - especially when immovable property, like a house or land, forms part of the estate. In South Africa, selling property from a deceased estate is a regulated legal process that must comply with the Administration of Estates Act (Act 66 of 1965).

At PropWiz, we often assist clients during this difficult time by working alongside some of the country’s top legal advisors to ensure a smooth and lawful transfer. Whether you are an heir, executor, or potential buyer, understanding the correct procedure is crucial. Here’s what you need to know.

Who Can Sell a Property from a Deceased Estate?

Before any property in a deceased estate can be sold, a legal representative must be appointed. This person is known as the executor. The Master of the High Court issues Letters of Executorship, officially authorising the executor to act on behalf of the estate.

Without these Letters, no legal transactions relating to the estate - especially the sale of immovable property - may occur. According to Section 13(1) of the Administration of Estates Act, an agreement of sale is not valid unless it has been signed by a lawfully appointed executor.

The Executor’s Responsibilities

Once appointed, the executor’s primary task is to wind up the estate. This involves:

• Taking control of all assets and liabilities,

• Settling outstanding debts, administration costs, and taxes (such as estate duty),

• Distributing the remaining assets to heirs in accordance with the deceased's will, or if no will exists, in terms of the Intestate Succession Act.

If selling a property is necessary to cover debts or to distribute value fairly among heirs, the executor must follow a prescribed legal process.

Legal Steps to Sell the Property

Selling immovable property from a deceased estate isn’t like an ordinary property sale. It includes extra documentation and approvals to ensure compliance with estate law. The key steps are:

1. Obtain Letters of Executorship

This is the first non-negotiable step. Without it, no legal action - such as signing a mandate, marketing the property, or accepting offers - can be taken.

2. Market the Property

Once appointed, the executor may appoint an estate agency like PropWiz to assist in marketing the property and attracting buyers. A professional valuation is often recommended to ensure fairness to all beneficiaries.

3. Accept an Offer to Purchase

The executor is the only person legally authorised to sign the offer to purchase and all transfer documentation. This must be done in the executor’s representative capacity.

4. Lodge the Required Documents for Transfer

Section 42(2) of the Administration of Estates Act states that before a property can be transferred, the Master of the High Court must confirm that no objections exist regarding the sale. The following documents are usually required:

• A completed Application for Endorsement (Form JM33_42) signed by the executor.

• A Power of Attorney to Pass Transfer, also signed by the executor and certified by the conveyancer.

• Written consent from all heirs, confirming they have no objection to the sale.

  • If any of the heirs is a minor, a guardian or trustee must provide the necessary consent.

• Certified copy of the sale agreement (Offer to Purchase).

• Certified copy of the title deed of the property.

The Master will place an official stamp of approval on the Power of Attorney document rather than issuing a separate certificate.

What Happens if the Executor Wants to Buy the Property?

Section 49 of the Act deals with potential conflicts of interest. If the executor - or anyone closely related to them, such as a spouse, child, employer, or business partner - wishes to purchase the property, the Master’s written consent is required.

This is not to prevent the transaction entirely, but to ensure transparency and fairness. The Master must be satisfied that the sale price reflects the market value and that heirs are not disadvantaged by the arrangement.

Frequently Asked Questions

Can heirs stop the sale of the property?
Yes. If any heir objects to the sale, the process may be delayed until disputes are resolved. That’s why written consent is such a vital step.

How long does the transfer take?
This can vary depending on the responsiveness of heirs, workload at the Master’s office, and municipal clearance delays. On average, 8-12 weeks from sale to registration is a reasonable estimate.

Can an agent assist during this process?
Absolutely. An experienced estate agency like PropWiz can work alongside attorneys and executors to facilitate the transaction, provide market insights, and assist with necessary paperwork.

Why Choose PropWiz?

We understand that selling a property from a deceased estate is about more than just ticking legal boxes. It’s a sensitive, emotional process that requires professional care and reliable communication.

At PropWiz, we:

• Work closely with specialised legal advisors,

• Guide executors and heirs through each stage of the process,

• Ensure fair market exposure and qualified buyers,

• Offer administrative support and professional empathy throughout.

Whether you're based in Potchefstroom, Pretoria, or beyond, our team can assist - with trusted legal referrals and the right real estate knowledge to make the process less overwhelming.

Final Thoughts

While the sale of immovable property from a deceased estate follows a strict legal route, it doesn’t have to be a stressful experience. By understanding the responsibilities of an executor and the necessary legal steps involved, families and beneficiaries can move forward with clarity and confidence.

If you’re managing an estate and need help selling a property - or you’re considering buying a property from a deceased estate - PropWiz is here to guide you through it.

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