When someone passes away, it is up to their family and legal representatives to ensure that the deceased’s estate is wound up according to the law. Unfortunately, for various reasons, sometimes this process can take longer than expected. In certain circumstances, you may find yourself in need of lodging a late claim against an estate. In such cases, it is important to know the process and your rights when filing a late estate claim in South Africa.

Late claims against a deceased estate in South Africa: What is it

An estate claim is a legal application made against the executor of a deceased person’s estate. It can be filed by creditors or other parties who are owed money or have assets belonging to the deceased estate. A claim is made under the Administration of Estates Act and can be lodged with the Master of the High Court in South Africa.

How to lodge a claim against a deceased estate in South Africa

If you are filing a late estate claim, it is important to note that there is no time limit for lodging a claim against an estate. However, it is best to lodge the claim as soon as possible to prevent any additional financial losses or disputes. The process of filing a late estate claim includes:

• Gathering evidence that you are owed money or assets from the deceased’s estate
• Preparing a written affidavit outlining your claim for collection of monies or assets and providing proof of payment
• Submitting the claim to the Master of the High Court
• The Master will then investigate your claim and make a decision on whether it should be approved or rejected

What happens after a non resident beneficiary of a deceased estate files a claim?

After you lodge your claim with the Master of the High Court, they will assess your evidence and determine if they approve or reject your application. If approved, the executor of the estate will be notified and you may receive payment from them for any money or assets owed to you. However, if your claim is declined, then you are not legally entitled to receive any monies or assets from the estate.

Conclusion: Tracking deceased estates in South Africa

Filing a late estate claim can be a complex process, but it is possible to do so provided that you have the necessary evidence and documentation. Knowing your rights and understanding how to file a late estate claim will help ensure your claim is successfully processed by the Master of the High Court in South Africa.
Even though there is no time limit for lodging a claim, it is important to act as quickly as possible after becoming aware of an estate in order to minimise any potential financial losses. With the right approach and legal advice, you can successfully resolve your claim and receive the monies or assets owed to you from a deceased’s estate.

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