Intestate Estate First-Response and Evidence Checklist

When a person dies and no valid will is immediately available, the first priority is to secure evidence and follow the legal reporting process. A family should not distribute assets or promise Islamic shares before ownership, liabilities and legal heirs are established.

Educational information only: This is not legal, tax or Shariah advice. Obtain help from qualified South African estate and Shariah professionals.

1. Record the death

Obtain the death notice and certificate, record the date and place of death, and keep certified copies for institutions that require them.

2. Search for a valid will

Check secure storage, advisers, banks, family records and prior correspondence. Record where and when searches were performed.

3. Protect property and records

Secure homes, vehicles, devices, documents and business records without assuming ownership. Keep an access log and avoid informal removals.

4. Build the family schedule

List spouses, former spouses, children, descendants, parents and dependants with supporting documents. Flag disputed relationships.

5. Confirm the marital regime

Collect marriage certificates, contracts and court orders. Establishing the surviving spouse’s ownership or claim comes before succession.

6. Create the asset register

Record bank accounts, investments, property, vehicles, business interests, claims and digital assets with ownership evidence and estimated values.

7. Create the liability register

List secured and unsecured debt, tax, maintenance, guarantees, household obligations and funeral or administration expenses.

8. Notify the Master

Use the current guidance from the Master of the High Court to identify the reporting office, forms and supporting documents.

9. Establish authority to act

Do not treat a family spokesperson as the legal estate representative. Wait for the relevant appointment or direction before controlling estate assets.

10. Preserve creditor evidence

Keep statements, agreements and proof of payments. Do not settle selective claims without the authorised representative and professional advice.

11. Record dependant needs

Document urgent maintenance, housing and education needs. Handle assistance transparently and distinguish it from a final inheritance allocation.

12. Address tax compliance

Collect tax numbers, returns, certificates and valuations for the executor or tax practitioner. The SARS deceased-estate guidance is a useful starting point.

13. Calculate the net legal estate

Reconcile ownership, matrimonial claims, liabilities, expenses and taxes. Use only the resulting net estate for further distribution analysis.

14. Obtain qualified Islamic review

Give the adviser the verified family schedule, legal position and net-estate file. Record assumptions and how any conflict with mandatory law is handled.

15. Maintain the response register

• Death and will-search evidence

• Family and marital records

• Assets and liabilities

• Master and tax submissions

• Legal and Shariah decisions

A disciplined first response reduces avoidable loss and conflict. It also gives the appointed representative a usable evidence file instead of a set of informal family conclusions.