what to do when someone dies in south africa
A step-by-step checklist for families
If you're reading this, you have probably just lost someone you love. We are so sorry. Grief is heavy enough without having to figure out the paperwork on your own. This checklist gently walks you through what needs to happen, and when. You don't have to do it all today. Take it one step at a time, and let the people around you help.
1. the first few days
These are the immediate steps to take care of in the days right after someone passes away.
- Ask the doctor or hospital for the notification of death (form DHA-1663). If the death was not from natural causes, the police will handle this step.
- Register the death with Home Affairs. Your funeral home usually does this for you. The death must be registered before the burial.
- Collect the death certificate. Home Affairs issues it once the death is registered.
- Let close family and friends know.
- Make sure your loved one's home and belongings are safe.
- Find the will. Check with their attorney, their bank, or at home.
- Get at least 10 certified copies of the death certificate. The bank, insurance companies, the Master's Office and others will each want one.
Tip: It's easier to get all the certified copies at once rather than going back later. Any police station will certify copies for free, and most places want a certified copy, not a photocopy.
2. funeral arrangements
Arranging the funeral is often the first practical task families focus on.
- Contact a funeral home to arrange the funeral or cremation.
- Check if your loved one had a funeral policy or life insurance that covers funeral costs.
- Place a death notice in a local newspaper, if you would like to.
- Arrange the funeral service, burial, or cremation.
Tip: Bring your own ID and your loved one's ID to the funeral home. The funeral home will sort out the death paperwork and the burial order (form DHA-14). No burial can happen without this order.
3. estate reporting
The estate must be reported to the Master of the High Court. This is a legal requirement.
- Report the estate to the Master of the High Court within 14 days. Use the office for the area where your loved one lived.
- Hand in the death notice (form J294).
- Hand in the original will, if there is one.
- Hand in a certified copy of the death certificate.
- Hand in your loved one's ID document.
- If your loved one was married, hand in the marriage certificate and how they were married (in or out of community of property).
- Hand in the ID of the person named as executor, plus their acceptance letter (form J190).
Tip: Find your nearest Master's Office at justice.gov.za. If the estate is worth less than R250,000, there is a simpler and cheaper process: the Master issues Letters of Authority instead.
4. executor appointment
The executor is the person with legal authority to handle the estate.
- Wait for the Master to issue the Letters of Executorship. This is the executor's official appointment, and it usually takes a few weeks to two months.
- The executor opens a bank account in the estate's name.
- Let the banks, insurers and anyone owed money know about the death.
- The executor reports the estate to SARS for tax.
Tip: Once the banks know about the death, they freeze your loved one's accounts and debit orders stop. Plan another way to pay household bills. If there is no will, the family can suggest someone and the Master will appoint an executor.
5. ongoing process
Once the executor is appointed, the work of wrapping up the estate begins.
- Make a list of everything your loved one owned and owed.
- Place a notice in the Government Gazette and a local newspaper so anyone the estate owes money to can come forward. They have at least 30 days to do so.
- Pay outstanding debts from the estate's money.
- Get tax clearance from SARS.
- Draw up the estate account (the L&D account), which shows what is in the estate and who inherits what. It must go to the Master within six months of the executor's appointment.
- Place a second notice in the Gazette and a local newspaper so anyone can view the account and raise an objection.
- After at least 21 days with no objections, pay out the inheritances.
- Finalise everything with the Master's Office so the estate can be closed.
Tip: Winding up an estate usually takes 9 to 18 months. Complicated estates can take longer. The executor's fee is set by law (up to 3.5% of the estate's assets, plus VAT) and comes out of the estate, not your pocket.