The Executor, appointed by the Master of the High Court, ensures the transfer of immovable property to beneficiaries or, if sold, to the purchaser.

Transfer of Immovable Property to a beneficiary in a Deceased Estate

The Executor is required to effect transfer of the Immovable Property in terms of the Last Will and Testament of the Deceased.  When there is no Will, the provisions of   The Intestate Succession Act will determine to whom the Immovable Property must be transferred.

The Deceased Estate will cover all conveyancing costs, including Deeds Office fees and rates and levy clearance certificates, without paying transfer duty.

Sale by The Executor to The third Party

In the event the beneficiaries consent, the Executor of the Deceased Estate may sell immovable property directly to a third-party purchaser. The Executor will need to sign the Offer to Purchase/Sale Agreement on behalf of the Deceased Estate.

The Conveyancer must obtain a Section 42 (2) Administration of Estates Act Certificate from the Master of the High Court where the Estate was reported, certifying that the Master has no objections to the proposed transfer.

The costs of the transfer, including transfer duty, would normally be payable by the Purchaser. The Estate would carry the costs of obtaining Rates and Levy Clearance Certificates valid until after registration, and of cancelling any bonds registered over the Property