On death, a deceased person’s assets form part of their estate, which is administered by an executor appointed by the Master of the High Court. Buying or selling property from a deceased estate can be significantly more challenging than a usual property transaction due to additional legal requirements designed to safeguard the rights of the deceased’s beneficiaries and ensure proper estate administration.
The Executor’s Role in a Deceased Estate

Firstly, only the appointed executor has the legal authority to sell assets out of the estate. The executor must act in the best interest of the deceased’s beneficiaries when administering the estate. This means that the deceased’s property must be sold for its fair market value.
A sale agreement signed before the executor’s official appointment is legally void from inception. The executor is responsible for administering the estate according to the law and following the deceased’s instructions in the will, if there is one. The executor must produce Letters of Executorship or Authority to third parties to prove his capacity to act on behalf of the estate.
Selling Property – The Beneficiaries’ Consent
Secondly, South African law allows the deceased’s beneficiaries to sell the property directly from the estate, bypassing the need to transfer it into their names first. This is often a preferred approach, as long as it doesn’t go against the wishes of the deceased (if they had a will) and the beneficiaries don’t plan to keep the property after the estate administration.

Selling the property from the estate has the benefit of generating cash flow into the estate, which helps to pay any debts and meet other financial obligations during the administration process. However, obtaining written consent from all beneficiaries is mandatory. Failure to secure unanimous consent from all beneficiaries will invalidate the sale, even if a buyer has already signed an agreement.
The Master’s Approval
Finally, the sale needs approval from the Master of the High Court. The executor, through the conveyancers, must submit a formal application to the Master, who will then review it to make sure it is in the best interests of the estate and the beneficiaries. It is important to remember that outstanding debts due by the deceased, and consequently the estate, can create significant hurdles. If the financial proceeds of the sale aren’t enough to cover these debts, the Master might not approve the sale, which could impact the selling price or even cause the sale to fall through. Other potential challenges include the condition of the property and the possibility of a single heir objecting to the sale, potentially bringing the entire process to a standstill.
Community Schemes & Deceased Estates
Owning a property in a community scheme is beneficial due to enhanced safety and security, compulsory maintenance of personal and common property, as well as enjoyment of a greater sense of community and encouragement to live a more active lifestyle. Living within a community scheme necessitates membership in the body corporate or homeowners’ association and adherence to its rules. Prospective buyers must carefully review these rules to ensure the property rules align with their lifestyle and aspirations.

When buying or selling property within a community scheme, such as a gated estate or sectional title complex, there are further considerations to account for. These schemes often have standard “offer to purchase” templates with clauses unique to the specific community scheme. It is crucial for both buyers and sellers to thoroughly understand these clauses and their implications. Some clauses, such as potential resale levies, moving out levies etc, may come as a surprise later.
Consult with Estate & Property Professionals
Buyers should consult with a conveyancer experienced in attending to transfers within such schemes to avoid unexpected challenges. This expert guidance will ensure a smooth and informed property transaction. Furthermore, owners of property in community schemes should consult with a fiduciary professional to ensure efficient estate planning that considers these unique assets.
Property Estate Planning Tips
One simple way to keep your estate planning affairs in order is to have a ‘Life File’, a document that records important information about you, your loved ones and your assets, such as properties, vehicles and life policies, among other things. Having all your important estate information up to date and gathered in one place will allow your executor to deal efficiently with your estate administration, avoid delays and penalties, and distribute to your loved ones within a shorter timeframe.

Owners of property in community schemes can plan further by keeping a ‘Property File’ that includes copies of important documents relating to their property and the community scheme e.g. title deeds, bond documents, community scheme or members rules, levy and rates statements and any leases or further agreements, as well as contact details for the HOA office, caretaker, tenants, bond provider, insurer and any other important property related contacts.
Navigating the sale or purchase of property from a deceased estate can feel overwhelming, even more so if the property is in a community scheme or bequeathed to multiple beneficiaries. From dealing with the executor and the Master of the High Court to getting beneficiaries to agree, it is a complex process. However, by working with professionals in estate planning and conveyancing, you can better navigate the process and achieve a smoother and more effective outcome.
About Us & Our Services

Marsh Fidelity is a team of deceased estate and trust experts based in KwaZulu-Natal. We specialize in will drafting, deceased estate administration, estate planning and family trust formations and management. Our team aims to make an enduring difference in the lives of our clients by working with care and efficiency to provide the highest quality service to ensure that estates and trusts are run as effectively as possible. We use our expertise to plan for, and reduce, where possible, the costs, taxes and timeframe in which estates are finalized, so that your beneficiaries will get the greatest possible benefit upon finalization of estate or trust administration.

HSG Attorneys is a specialist environmental law firm with extensive experience in the conveyancing and the land-legal sector. They work closely with clients and built-environment specialists to offer solutions that take the entire conveyancing and property-development process into account, enabling them to add holistic value and extensive experience to their client’s projects. They also have significant experience in property transfers both from deceased estates and within community schemes, such as gated estates or sectional title complexes.