Selling a Deceased Estate

Selling property from a deceased estate is different from a normal sale. As an executor or heir, here's what you need to know.

Your Role as Seller

When the property forms part of a deceased estate, the executor (appointed by the Master of the High Court) is responsible for winding up the estate. The executor may sell the property to pay debts, distribute to heirs, or as directed by the will. As seller, you (or the executor) must have the Letter of Executorship before marketing or accepting offers.

Key Steps and Timelines

• Master's Office: The executor must obtain a Letter of Executorship from the Master before any sale. This can take weeks or months.
• Liquidation and Distribution Account: Creditors and heirs must be accounted for. There is a waiting period for objections before the estate can be finalised.
• Authority to Sell: The will or court order must authorise the sale. All heirs who must consent (per the will or law) must agree.
• Transfer: The transfer attorney will need the Letter of Executorship, death certificate, and proof that the sale is authorised.

Tip: Buyers of deceased estates often expect longer timelines. Be transparent with your agent and conveyancer about Master's Office delays so buyers can plan accordingly.