The probate system in South Africa enables beneficiaries to access their deceased estates in SA in the form of a probated or Revocable Trust. This is done by making a gift or donation of real estate owned by the deceased to a trustee who holds the asset in trust. There are certain circumstances that require the presence of an executor on behalf of a beneficiary. If such a situation arises, then one has to hire an executor who will be the appointed official who will administer the estate trust and make decisions according to the wishes of the beneficiary.
There are certain circumstances that need a formal reading before appointing an executor. First of all you have to decide on the type of agreement that you want to make with the deceased. You can choose from the Deed In Lieu of Wife, Trust, or other forms of agreement. The next step involves getting a legal opinion if the person you have chosen as the executor is legally fit to execute the duties and deal with the assets in the deceased estates in SA.
The next set of requirements deal with the process of inventorying. The inventory is an exhaustive list of all items included in the estate. This is normally done based on the description provided for each item. You need to obtain a certificate of possession from the deceased estate. This is also known as the arevalo-trollip page.
Another requirement is for you to get the certificate of administration. This is also known as the arevalo-trollip page. This certificate usually contains a record of the death, the name and status of the deceased, beneficiaries. This is usually issued by the probate court of the province where the probate estate has been filed.
The last requirement for probate is for you to order a proof of title from the provincial government. This is referred to as the native law inventory. If the probate court declares that the deceased estates in SA are not under any reputed or common law right, then this inventory must be produced by the probate court. If the probate court declares that there is some right of the deceased but it is not expressed or particular in nature, the inventory must also state that the right of the deceased has been transferred to one or more persons named on the inventory.
If you have these documents in hand when you file your probate papers, you will ensure that you have all the documentation you need to file the correct forms and register the deceased’s estate. These are the basic requirements that you must meet when filing a probate action in Sante Fe. Probate is a very complex process that should only be handled by someone who has considerable experience in dealing with such issues. If you need additional information or if you are having a difficult time complying with some of the requirements, a good probate lawyer can assist you in making decisions about your deceased’s property.