Originally published: 5 July 2018 | Last updated: 28 September 2025
Probate is the legal process of administering a deceased person’s estate in South Africa. The process is overseen by the Master of the High Court and governed by the Administration of Estates Act 66 of 1965. Understanding probate helps you plan your estate effectively and reduce costs for your beneficiaries.
What Is Probate in South Africa?
Probate is the process by which the Master of the High Court validates a Will, appoints the executor, and oversees the administration of the deceased’s estate. The executor collects assets, pays debts and taxes, and distributes the remaining estate to beneficiaries.
How Does the Probate Process Work?
- Death reported: The Will is submitted to the Master within 14 days
- Executor appointed: The Master issues Letters of Executorship
- Assets identified: The executor creates an inventory of all assets and liabilities
- Creditors notified: A notice is published for creditors to submit claims
- Debts and taxes paid: Estate debts, SARS taxes, and administration costs are settled
- Liquidation and Distribution Account: The executor files this account with the Master
- Assets distributed: After the account lies open for inspection (21 days), assets are distributed to beneficiaries
How Much Does Probate Cost?
Key costs include:
- Executor fees: Maximum 3.5% of gross estate value plus VAT
- Master’s fees: Based on estate value (nominal amounts)
- Estate duty: 20% on estates exceeding R3.5 million (25% above R30 million)
- Professional fees: Accountant and legal fees if required
How Long Does Probate Take?
A straightforward estate with a valid Will typically takes 6–12 months. Complex or contested estates can take 2+ years. Having a clear, valid Will significantly reduces the timeline.
How Can You Reduce Probate Costs?
- Have a clear, valid Will
- Choose a competent executor and negotiate their fees
- Keep estate records organised
- Minimise estate debt
Frequently Asked Questions
What is probate in South Africa?
The legal process of administering a deceased person’s estate, overseen by the Master of the High Court.
How much are executor fees in South Africa?
Maximum 3.5% of the gross estate value plus VAT, as set by the Administration of Estates Act.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
