Quick answer
Prepare for the first meeting as a decision session, not as an attempt to finish the estate administration in advance. Bring a one-page statement of the present authority position, the original-will status, the people who may have an interest, a provisional gross asset picture, known debts, Master's correspondence and any immediate preservation concern. End that page with the specific decisions you need the lawyer to help make.
How to use this guide
An incomplete fact can be labelled rather than hidden. The lawyer can still identify whether the matter points toward J238 Letters of Executorship, a possible section 18(3) J170 appointment, further reporting evidence or urgent protective work. What matters is that the file distinguishes verified facts, estimates, disputes and missing records instead of presenting all four as settled.
Put the authority line first
Write one line that states the current legal position without optimistic shorthand:
- death not yet reported;
- estate reported, reference pending;
- estate number received, no appointment yet;
- application queried by the Master;
- J170 Letter of Authority issued; or
- J238 Letters of Executorship issued.
Attach the best evidence for that line. A will nomination, J190 acceptance, J155 undertaking, upload receipt, estate number or portal status is not the appointment document. If a letter has been issued, bring the signed, date-stamped version and its QR-validation result where available.
This tells the lawyer which acts may be preservation and reporting, which require authority and whether the meeting is still pre-appointment. It also prevents a proposal from assuming that you are already the executor.
Prepare a one-page death and reporting chronology
Use dates and documents, not a long narrative. Include:
- date and place of death;
- deceased's ordinary residence;
- when and where each will was found;
- who currently holds originals, keys and important records;
- date and channel of any estate report;
- estate number and responsible Master's office, if known;
- every Master's query and response date;
- security request or bond status; and
- any threatened sale, account movement, asset loss or business interruption.
If the estate was reported late, say so. The Act contains specified 14-day reporting duties, but backdating or concealing the delay creates a worse record. The lawyer needs the true chronology to decide how to correct it.
Bring every will or purported will
Bring the original will, codicils and any document that may purport to be testamentary. If originals have already been lodged, bring complete copies and delivery evidence. Do not mark, staple through, remove pages from or “clean up” an original.
If only a copy exists, two versions conflict, a signature or witness is questioned, or a family member is withholding a document, put that issue at the top of the agenda. Section 8 of the Administration of Estates Act treats delivery of wills and purported wills as a formal obligation; the family should not privately decide which version counts.
Keep a short original register showing item, holder, condition and date delivered. Directive 9 allows online reporting but preserves the original will as an exception to ordinary copy treatment.
Draw the family and relationship map
Do not give only a beneficiary list from the will. The appointment and succession analysis may also require marriage, partnership, descendant and intestacy facts.
Create a simple map recording:
- every spouse or partner and the claimed legal basis;
- marriage system if known;
- children and descendants, including any predeceased child;
- other possible intestate heirs;
- minors or people who may need protection;
- executor nomination, heir nominations and any declination; and
- every disagreement about relationship, heirship or nomination.
Bring available marriage certificates, relationship declarations, identity records, birth records, next-of-kin information and signed nominations. Mark missing proof rather than guessing. The Master's current reporting page lists several forms of relationship evidence because a single certificate does not describe every South African family situation.
Build a provisional gross asset snapshot
The lawyer needs gross value before debts to assess the likely appointment route. Under section 18(3) and the current determination, the Master may use the representative route where the estate does not exceed R250,000; above that amount, full Letters of Executorship are required. The smaller-estate route is discretionary, not automatic.
List each possible asset with owner, location, reference, provisional date-of-death value and value source. Include obvious and less obvious items: property, vehicles, bank and investment accounts, policies, business or trust interests, refunds, debts owed to the deceased, digital assets and foreign holdings.
Use “unknown—statement requested” instead of zero. Flag co-ownership or disputed title. A hidden or understated asset can change the route, security, costs and advice.
Then create a separate creditor schedule with claimant, basis, amount, security and supporting record. Do not net debts off the asset total.
The reporting-pack workflow shows how to turn this consultation snapshot into a formal, indexed application file.
Record what is currently under someone's control
Before appointment, the immediate issue is often preservation rather than distribution. List who controls:
- property keys and access codes;
- vehicles and registration records;
- bank cards, cheque books and cash;
- business premises, stock, payroll or systems;
- insurance policies and renewal dates;
- rental property and collected rent;
- pets, valuable movables and digital accounts; and
- books, title records and original documents.
Record only steps actually taken, with dates and proof. Tell the lawyer if someone has sold, removed, transferred, paid or promised an estate asset. Do not try to reverse or conceal the act without advice.
Section 11 distinguishes custody and genuine preservation before appointment from general administration. Where property needs formal custody before letters, section 12 allows for an interim curator in appropriate circumstances. The urgent-help guide explains when a preservation issue should not wait for routine reporting.
Bring the Master's complete status record
Bring the submission index, receipt, estate number, portal screenshots, emails, letters, requisitions and every response. Screenshots are useful workflow evidence, but they do not replace the source documents or prove appointment.
Create a query table with:
- date received;
- exact requirement;
- response or missing item;
- who is responsible;
- date delivered; and
- current status.
If you do not understand a query, preserve its exact wording. Do not paraphrase it as “the Master wants more documents” if the actual issue concerns value, security, relationship proof, commissioning or a nomination.
Identify the proposed appointee and service arrangement
Bring the will nomination, heir nomination, declination and any prior mandate. State who expects to be appointed and who may act only as attorney, agent, tax practitioner, accountant, valuer or conveyancer.
If security has been mentioned, bring the Master's request, exemption basis claimed, quote or refusal. Do not assume that every relative is exempt or that security equals the estate value. Section 23 contains detailed exemptions and the Master's power to require security in defined circumstances.
If you are also comparing providers, bring the written proposal. The pre-mandate costs and timing guide helps separate executor remuneration, professional fees, security, disbursements, VAT and milestone estimates.
Write down the decisions you need
A first meeting is more useful when the lawyer can answer specific questions. Choose two or three, such as:
- Which Master's office and route should we use?
- What must happen to the original or competing wills?
- Which relationship evidence is missing or disputed?
- Does the current gross inventory support J170 or J238?
- Is security likely to be required, and what evidence decides it?
- What preservation step is lawful before appointment?
- Who should be nominated or appointed?
- How should we answer the current Master's query?
- Does suspected insolvency change the route?
- What is included in the proposed mandate?
Avoid asking only “How long will this take?” Ask instead for the next official milestone, outstanding dependency, responsible person and evidence that will prove completion.
What not to wait for
Speak to a lawyer before the pack is complete if there is a contested or missing will, disputed spouse or heir, competing nomination, minor or vulnerable beneficiary, suspected insolvency, threatened asset, active business, foreign executor or asset, security obstacle, alleged false inventory, adverse Master's decision or a person acting without authority.
A routine missing statement may be a preparation task. A missing original will, disputed ownership or unauthorised sale can change rights and preservation options. Label the gap and bring what you have.
FAQs
Should I wait until every bank statement and value is available before speaking to a lawyer?
No. Mark each gap and its next evidence source. Seek advice sooner where a missing record affects the will, appointment route, security, solvency, ownership or preservation of an asset.
What is the most important line in the consultation summary?
State the current authority accurately: unreported, reported, queried, J170 issued or J238 issued. A nomination, acceptance form, estate number or portal status is not the appointment.
Should I subtract debts when estimating whether the estate is under R250,000?
No. Prepare a provisional gross asset schedule and a separate creditor list. The Master may use section 18(3) where the estate does not exceed the current amount, but the route remains discretionary.
What if only a copy of the will can be found?
Preserve the copy and the evidence of the search, identify who may hold the original and get advice. Do not present the copy as an original or privately decide that another testamentary document is invalid.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.