A “normal” property transfer compared to an Estate property transfer

Emigrating? Have you signed a Special Power of Attorney?
March 26, 2019

For the sake of this discussion/letter a “normal” property transfer, is one where a property is transferred from a seller to a purchaser (third party).

An Estate property transfer is where the property belongs to a deceased person and who’s Executor has sold it to a purchaser (third party)

When a property is sold from a deceased estate to a THIRD PARTY then there are certain “extra” requirements needed to transfer the property successfully into the purchaser’s name

  1. A copy of the Letters of Executorship; (This is obtained when the Executor reports the estate to the Master of the High Court. PLEASE NOTE a property can only be sold from a deceased estate once the Executor has been appointed)
  2. A copy of the will to establish who the heirs are in the estate;
  3. Next-of Kin Affidavit;
  4. Consents from all the heirs. It is important to note that the HEIRS DO NOT HAVE TO SIGN THE SALE AGREEMENT, all they need to do is to consent to the sale which is done on a separate document.
  5. JM33 Application form;
  6. A certified copy of the Sale Agreement.

Documents 4; 5 and 6 are then sent to the Master of the High Court together with the Power of Attorney (signed by the Executor) to the Master for approval.

Once the Master has endorsed (approved) the Power of attorney/sale, the transfer can carry on as per normal.

What is the time difference between a “normal“ property transfer and an Estate property transfer?

Every transfer is different, however we normally advise our clients that a “normal” property transfer takes about 6 to 8 weeks.

An Estate property transfer should, in a perfect world, not take longer than the 6 to 8 weeks PLUS an extra 2 to 4 weeks to transfer.

The consents from the heirs and especially the Master, being a government department, can sometimes be challenging.

We at Jan L Jordaan Inc have a separate department that solely focuses on Estate Property transfers.

We have a dedicated staff member who goes to the Johannesburg and Pretoria Master’s office on a weekly basis.

Due to the volume of work we do with the Master we are on a Fast Track program, which means we have a fixed appointment with one of the Assistant Masters every week to assist us in getting the necessary consents etc.

Please feel free to contact Jan Jordaan, Jamie Jones or Valene van der Walt at any time should you need any assistance.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)