A House in a Deceased Estate: Who May Sign the Sale?

By Tersia de Beer | Estate agent in Kroonstad, Africa Estate

In a deceased estate the executor signs, but he does not decide alone. Many houses in Kroonstad come out of an estate: the family home where the children grew up. The family usually wants to sell quickly, and then everyone asks the same question: who may actually sign? Family agreement alone does not give anyone the authority to sign. The will, the law and the Master of the High Court decide who may sign and on what terms.

First, the letters of executorship

Being named as executor in the will is not enough. Section 13(1) of the Administration of Estates Act says no person may liquidate or distribute the estate of a deceased person except under letters of executorship granted under the Act, or on a direction by the Master. Only once the Master has issued the letters can the executor act for the estate. Always ask for a copy of the letters first.

The heirs approve the sale in writing

Section 47 provides that, unless it is contrary to the will, the executor sells property in the manner and subject to the conditions which the heirs who have an interest in it approve in writing. The heirs decide together how the property is sold, for example privately or at an auction, and on what conditions. The executor signs, but on the strength of that written approval.

When the heirs cannot agree

One heir cannot necessarily block a sale for ever. Section 47 says that if the heirs are unable to agree on the manner and conditions of the sale, the executor sells the property in the manner and on the conditions the Master approves. The same applies when an heir to the property is a minor, an absentee or a person under curatorship: then the Master approves, not the family.

The will can change the rules

The words "unless it is contrary to the will" matter. A will can, for example, give the executor wider powers to sell. That is why heirs' consent does not work in exactly the same way in every estate, and why the will must be read before anyone signs a sale agreement.

The Master's certificate for transfer

After the sale comes the transfer. Section 42(2) provides that an executor who wants to transfer property in pursuance of a sale must lodge with the registration officer a certificate by the Master that no objection to the transfer exists. It is a separate step: it does not replace the letters of executorship or the heirs' approval.

What I ask first when I market an estate house

• A copy of the letters of executorship.
• The will, to see whether it changes the executor's powers.
• The heirs' written approval of the manner and conditions of sale, or the Master's approval where that is required.
• The name of the estate attorney, who confirms who may sign and on what basis.

Always let the estate and conveyancing attorney check the requirements. This article is general information from the Administration of Estates Act 66 of 1965, not legal advice. Read also how the transfer of an estate property works, or ask for a free written valuation of the house in the estate.

Lees hierdie artikel in Afrikaans