The first job with a property in a deceased estate is to secure it, tell the insurer and protect the rent, leaving big decisions to the appointed executor. Everything else on this checklist follows from that.
In short
- Report the estate to the Master of the High Court within 14 days of the death.
- Secure the home, tell the insurer and record the condition with dated photographs in the first week.
- A lease generally carries on after the landlord dies, so the tenant stays and the rent must be protected.
- Once appointed, the executor takes control of the property and opens a bank account in the estate’s name for the rent.
- Keep rates and levies paid, because the property cannot transfer without clearance from the City and, for sectional title, the body corporate.
Most families think the house is the last thing to deal with, once the will is read and the paperwork is under way. In my experience it is the first thing that can go wrong. An empty home attracts trouble, a tenant who has heard nothing starts to worry about the rent, and a municipal account nobody is watching quietly builds arrears.
If you are an executor doing this for the first time, the property side is manageable when you take it in order. We look after homes and rentals in deceased estates across Cape Town on the executor’s instruction, and this is the checklist I would give a family member sitting across the desk from me.
In the first week
- Report the estate. The estate must be reported to the Master’s office where the deceased normally lived within 14 days of the death. The Master’s reporting page lists the forms. The estate’s attorney can help with this.
- Secure the property. Check doors, windows, gates and the alarm. Find out who holds keys and remotes, and write the list down.
- Tell the insurer. Do this promptly. Many home policies have conditions for homes that stand empty, so do not assume cover simply carries on.
- Speak to the tenant, if there is one. A lease generally does not end when the landlord dies, unless it says otherwise. Reassure the tenant in writing that the lease continues, find out where the rent is currently being paid and keep a record of every payment.
- Record the condition. Take dated photographs of every room, the garden and the meters. It protects the estate if anything goes missing or is damaged later.
Once the executor is appointed
Under the Administration of Estates Act, nobody may liquidate or distribute an estate without letters of executorship. Where the estate is under R250 000, the Master may issue a Letter of Authority instead. Only once letters are granted does the executor take custody and control of the estate’s property.
- Open the estate bank account. The Act requires the executor to open a bank account in the name of the estate. From then on, the rent goes there and nowhere else.
- Take control of the documents. Gather the lease, the record of the tenant’s deposit and where it is held, recent municipal and levy statements, and every set of keys.
- Get the municipal account in order. Ask the City of Cape Town for a current statement and keep it paid. The property cannot transfer without a rates clearance certificate confirming that municipal amounts due over the preceding two years have been paid.
- Tell the body corporate. For a sectional title unit, let the managing agent or trustees know who is now responsible and keep the levies up to date. A unit cannot transfer until the body corporate certifies that all money owed to it has been paid.
- Review the utilities. Keep what protects the property, such as electricity for the alarm and armed response. Cancel services nobody uses, with the attorney’s agreement.
While the estate is wound up
- Maintain, do not improve. Fix what protects value, such as a leaking roof or a failed geyser. Get a quote, get the executor’s approval, then instruct the work.
- Keep a monthly record. Rent in, costs out, one statement a month. The executor must submit a liquidation and distribution account to the Master within six months of letters being granted, unless the Master allows longer, and a clean property record makes that easier.
- Keep in touch with the heirs. A short monthly update stops rumours and makes the later decision calmer.
When the heirs decide
- Get a written market appraisal. A written market appraisal gives the heirs a shared number to work from, whether they keep or sell.
- Decide to keep, let or sell. Unless the will says otherwise, the executor sells property in the manner and on the conditions the heirs approve in writing. If an heir is a minor, or the heirs cannot agree, the Master approves the terms instead. If the family keeps the home as a rental, we find a tenant and screen them with a PayProp credit check, a TPN verification, or both, then carry on with full property management. Where the property passes into a trust, we work with the trustees through our trust portfolio management.
- Work with the estate’s attorney on transfer. Once the account has lain open for inspection and any objections have been dealt with, the executor distributes the estate in line with the account, and the conveyancer registers the transfer. Timelines vary from estate to estate, so ask the attorney rather than guessing.
Where we fit in
Our role is the property, not the legal administration. On the executor’s instruction we make a first visit, check that the home is locked and secure, and send a condition report with photographs. Rent is collected through PayProp and paid into the estate’s bank account. No repair is instructed without the executor’s approval, and every month there is a statement the attorney can use for the estate accounts.
There is no pressure to sell. If the heirs later choose another agent, we hand over the keys, the lease and the records cleanly. We work across Cape Town, from Constantia, Claremont and Wynberg to the Atlantic Seaboard, the City Bowl and the False Bay coast. You can read more on our deceased estate property management page.
That is the whole approach in one line: secure the property first, and leave the big decisions until the executor and the heirs are ready.
This article is general information, not legal advice. Every estate is different, so confirm the detail with the estate’s attorney.
Frequently asked questions
Can the family let or sell the property before the executor is appointed?
No. Nobody may liquidate or distribute an estate without letters of executorship, so the family should secure the property and wait for the executor.
Why must the rates and levies be kept up to date?
A property cannot transfer without a rates clearance certificate from the municipality, and a sectional title unit also needs the body corporate to certify that everything owed has been paid. Arrears therefore delay transfer to the heirs or to a buyer.
Where should the rent be paid while the estate is open?
Into the bank account the executor opens in the name of the estate. When we manage the property, rent is collected through PayProp and paid into that account, with a monthly statement for the estate accounts.
Sources: Master of the High Court, reporting a deceased estate (justice.gov.za); Administration of Estates Act 66 of 1965, sections 13, 18(3), 26(1), 28(1), 35 and 47 (lawlibrary.org.za); Local Government: Municipal Systems Act 32 of 2000, section 118; Sectional Titles Act 95 of 1986, section 15B(3); City of Cape Town, Buying or selling your property; VDT Attorneys, 4 October 2018; OUTsurance personal policy wording (unoccupied buildings). All checked 27.09.2026. Reviewed September 2026.
