Changing the executor of an estate

Executorship duties include valuing assets and overseeing asset distribution, settling outstanding debts and taxes, and ensuring that final wishes are honoured and carried out correctly. Usually, an executor would see an estate administration process through from start to finish, but in certain circumstances, it could be necessary to change the executor after someone passes away.

Reasons to change the executor

The reasons why one might need to change the appointed executor of a loved one’s estate after they pass away, could include the following:

• If the executor is unable or unwilling to fulfil their duties due to illness, incapacity or unavailability.
• If the executor has emigrated (executors need to be South African residents according to our estate law).
• If the executor passes away.
• If the executor is not acting in the best interests of the estate or beneficiaries, or the beneficiaries have lost confidence in the executor’s ability to manage the deceased estate.

How to change the executor

1. Apply to the Master’s office

The first step is to apply to the office of the Master of the High Court. The Master’s office oversees the administration of deceased estates in South Africa. You will need to provide a compelling reason for the change and submit the required documentation, including the original letters of executorship, and supporting evidence showing why the change is necessary, for example a death certificate if the executor has passed away.

1. Nominate a new executor

Once the Master’s office accepts your application to change the appointed executor, you will need to nominate a new one. The new executor must meet the legal requirements for taking on executorship duties, such as being a South African resident and of sound mind. The beneficiaries of the estate or the person making the application would also need to agree on the new executor.

1. New Letters of Executorship

The new executor will need to apply for new letters of executorship from the Master’s office. Although it is called ‘letters’, it is actually a single document and it gives an executor the legal authority to oversee the winding-up of a deceased estate. They will need to provide the Master’s office with the required documents, including personal identification.

1. Inform the relevant parties

Once the new executor receives the letters of executorship, all relevant parties must be informed, including banks, creditors, and beneficiaries. This ensures that everyone involved is aware of the change and knows who to contact regarding the deceased estate. The new executor will then take over the responsibility of finalising the deceased estate, including all the executorship duties that form part of the estate administration process.

Testamentary trusts

In some cases, the last will and testament may make provision for the creation of testamentary trusts, for example if there are minor children. The executorship role may involve managing these trusts according to the terms of the will. The new executor would need to pay particular attention to the specifics of any testamentary trusts, and administer them properly.

Changing an executor after a loved one has passed away is a significant change that requires careful consideration and adherence to South African estate law. Understanding more about executor duties, the importance of the Letters of Executorship, and the use of testamentary trusts will help you navigate this process. If you have any doubts or need assistance, consulting with professional wills and estates specialists will give you the guidance you need.