Deceased Estate Transfers
Where the registered owner of immoveable property has died his/her property will need to be transferred to another person; normally a family member. The property will often need to be transferred to an heir or beneficiary nominated in the Will of the deceased, but sometimes it may be in terms of the Intestate Succession Act.
The transfer of immovable property from the deceased estate to the heirs or to a third party purchaser is a complex process, and is best handled by experienced conveyancing attorneys.
When a person dies the Master of the High Court appoints an executor to administer the deceased estate. The Executor is the only person who is lawfully authorised and empowered to deal with the assets of the deceased. The purpose is to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the financial interests of the heirs.
Until an Executor is appointed, no-one can act on behalf of the deceased estate. This means, inter alia, no-one can sign a sale agreement in respect of an immoveable property belonging to the deceased, and no-one can sign any transfer documents in respect of such property.
Very important, when someone dies all Powers of Attorney automatically fall away so no-one can act in terms of one of them either. This would include a Power of Attorney to register a transfer.
Three Scenarios
1
TRANSFER OF PROPERTY TO AN HEIR IN A DECEASED ESTATE
The Executor would pass transfer of the Property in terms of the Will or of Intestate Succession; Read More
2
SALE OF THE PROPERTY BY THE DECEASED PRIOR TO DEATH
3
SALE BY THE EXECUTOR DIRECTLY TO A PURCHASER
Should the Executor deem it beneficial, or should the heirs or the beneficiary wish, the Executor can cause the property to be marketed and sold, even before the Liquidation and Distribution account has laid for inspection; Read More
The Administration of a Deceased Estate is itself a complex process. Death is a difficult time for all concerned and few are equipped to cope with all the legal and financial consequences of death. Our dedicated and specialised department can be relied upon to ensuring the safe transfer of your immovable property to your beneficiaries or other party entitled to it.
Need help with deceased estate transfers?
At Denoon Sampson Ndlovu, we ensure that smooth property transfer processes take place.
Fast forward your property transfer by avoiding potentially costly pitfalls with hands on conveyancing attorneys.