How does the transfer process work if you are purchasing from a deceased estate?

Author

Kruger Attorneys & Conveyancers Inc

The Master will appoint an executor to act on behalf of the deceased estate and to ensure the estate is wound up in accordance with the law. The executor is the only person authorised to sign the Offer to Purchase on behalf of the estate, as well as any transfer documents.

Following an executor being appointed and the OTP being signed, the sale of property from a deceased estate must be authorised by the Master of the High Court. This is done by way of an endorsement of the Power of Attorney to Pass Transfer by the Master. It is the conveyancer’s responsibility to ensure that the Power of Attorney is endorsed by the Master during the transfer process.

In addition to the Master’s consent to sell property belonging to the deceased estate, the consent of all the heirs will need to be provided. It’s worth noting that this may cause a delay in the transfer process as the heirs will need to be located and their written consent will be required to be obtained.

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