F.A.Q - Intestate Estates

An intestate deceased estate is one where the deceased left no valid will. The estate is distributed according to the Intestate Succession Act, which prioritizes the surviving spouse, children, or closest relatives.

Facing an intestate estate? Contact Louwrens Koen Attorneys for expert guidance.

ubmit a death certificate, Death Notice, Next-of-Kin Affidavit, asset inventory, nomination of an Executor or Master’s Representative, and a marriage declaration (if applicable). For estates R125,000 or less, include an affidavit confirming no prior reporting.

Unsure about documents? Louwrens Koen Attorneys can assist.

 Under the Intestate Succession Act, assets are distributed in a fixed order: first to the surviving spouse and children (equally or with a minimum spousal share), then to parents, siblings, or distant relatives if no immediate family exists.

Need clarity on distribution? Louwrens Koen Attorneys can explain your rights.

Administering an intestate estate typically takes 6–12 months, depending on its value and complexity. Smaller estates (under R250,000) may be faster, while disputes or debts can cause delays.

Want a swift process? Contact Louwrens Koen Attorneys for efficient administration.

The Master of the High Court appoints a Master’s Representative (for estates under R250,000) or an Executor (for estates over R250,000), typically nominated by heirs. They manage reporting, debts, and distribution.

Need an administrator? Contact Louwrens Koen Attorneys for professional support.

Yes, creditors can claim debts owed by the deceased. The Executor or Master’s Representative pays valid claims from the estate’s assets before distribution, following legal notice requirements if mandated.

Facing creditor issues? Contact Louwrens Koen Attorneys for expert handling.

Minors’ inheritances are held in the Guardian’s Fund or a trust until they turn 18, managed by the Master of the High Court or a trustee. The administrator ensures compliance with legal protections.

Have minor heirs? Louwrens Koen Attorneys can secure their inheritance.

Contesting intestate distribution is difficult, as the Intestate Succession Act sets strict rules. However, you can apply to the High Court if you’re unfairly excluded (e.g., as a dependent) or suspect errors, with legal evidence.

Feeling excluded? Contact Louwrens Koen Attorneys for dispute resolution.

Costs are similar to testate estates: 3.5% of gross assets, 6% of post-death income, and a minimum fee of R350 for the Executor or Master’s Representative. Intestate complexity may increase legal fees.

Need cost transparency? Louwrens Koen Attorneys offers clear guidance.

Draft a valid will to specify your wishes, avoiding the Intestate Succession Act. Regular updates and professional drafting ensure your estate is distributed as intended, minimizing disputes.

Want to plan ahead? Contact Louwrens Koen Attorneys for will drafting services.