Understanding how property is transferred, whether navigating sensitive asset division during a divorce or settling a deceased estate, helps families make informed decisions, while skilled agents ensure the process runs smoothly without unnecessary delays.
The immediate effect of death on property ownership
Tarryn Gravenor is a conveyancing attorney with Ebersöhns Attorneys explains when a person dies, their estate is effectively "frozen." No one may sell, transfer, mortgage, or otherwise deal with the property until the Master of the High Court of South Africa has appointed an executor and the estate administration process has commenced. Bank accounts and other assets are similarly placed under the control of the estate administration process.
The property does not automatically become the property of a spouse, child, or family member, even if they are expected to inherit it. Instead, it forms part of the deceased estate and must be administered according to the deceased's valid will or, where no will exists, in accordance with South Africa's laws of intestate succession.
