What should an executor prepare before speaking to a deceased-estate lawyer?

How to use this guide

Separate verified facts from family reports and unresolved allegations. Include the documents that prove the immediate issue, even if one of them appears unhelpful. If a summons, objection, Master's direction, tax notice, proposed sale or payment instruction is involved, place that document first and state when it was received. A lawyer can request the wider record after the urgent question has been identified.

Begin with an accurate authority statement

Write one sentence explaining whether you are nominated in a will, formally appointed under letters of executorship, appointed as a Master's representative under section 18(3), acting for a corporate executor, or contacting the lawyer in another capacity. Attach the appointment document if one exists.

Nomination is not the same as appointment. Section 13 of the Administration of Estates Act restricts liquidation or distribution without letters of executorship, an authorised endorsement or a direction from the Master. That distinction affects what can safely be signed, sold, transferred or paid. If you are not yet appointed, say so plainly instead of describing yourself as having powers that have not been issued.

Record the Master's office, estate number, appointment date and any security condition. If an agent, accountant or attorney is already involved, attach the mandate and identify which decisions remain with you.

Give the lawyer a stage map

An estate problem is easier to assess when it is placed in the statutory process. Mark the current stage as one of the following:

• reporting and appointment;
• securing property and collecting information;
• calling for and testing creditor claims;
• opening and reconciling estate banking records;
• valuing or realising assets;
• preparing or responding to queries on the liquidation and distribution account;
• inspection, objection or court review;
• tax compliance and the deceased-estate compliance process;
• transfer or distribution; or
• closing and release.

Do not assume a long delay proves misconduct. State what was submitted, when it was submitted, what acknowledgement or requisition followed, and what remains outstanding. Section 35 generally requires an appointed executor following the full process to submit the liquidation and distribution account within six months after letters are granted, unless the Master allows a further period. That is an account-lodgement rule, not a promise that the entire estate will finish in six months.

Build a neutral issue timeline

Use a table with four columns: date, event, source document and why the event may matter. Include the death, reporting, appointment, publication of notices, claims received, bank movements, valuations, proposed transactions, account submissions, objections and tax correspondence that relate to the current problem.

Avoid conclusions in the event column. Write “beneficiary emailed an allegation of an undisclosed account” rather than “beneficiary proved theft”. Write “bank statement shows a transfer on 14 May” rather than guessing who authorised it. A lawyer needs to know which propositions are proved, disputed or still unverified.

If a date comes from a phone call, identify the caller and make clear that no written record has yet been located. Preserve the original message, envelope, email headers or service record where timing may affect a response.

Add a one-page estate-money snapshot

Show available estate cash, known liabilities, tax amounts or assessments, preservation expenses, disputed claims and proposed payments. Reconcile the snapshot to the latest bank statement. Do not mix estimates with confirmed balances; label each amount by source and date.

Flag any estate money held outside an account in the estate's name, unexplained withdrawal, changed banking instruction, cash shortage or pressure to distribute early. Section 28 contains the estate-banking framework for an executor, while section 34 creates a distinct process where an estate is insolvent. A lawyer should see those facts before advising on a payment, asset sale or settlement.

For valuable property, identify ownership, location, insurance, occupation, security interests and the document supporting the current valuation. Do not treat an asset as belonging wholly to the estate merely because the deceased used it.

Select the decisive documents

For the first consultation, include the smallest set that proves authority, the issue and the next event. Depending on the matter, that may be:

• letters of executorship or authority and the relevant will pages;
• the Master's latest direction, requisition or correspondence;
• the proposed agreement, transfer instruction, demand, objection or court paper;
• the bank statement and voucher for a disputed payment;
• the valuation and title record for the asset concerned;
• the creditor claim and the executor's supporting correspondence;
• the relevant section of the liquidation and distribution account; and
• the SARS notice, assessment, case number or compliance correspondence.

Use a short index and stable filenames. Keep originals safe. The Master and other institutions may require prescribed forms, originals, certification or additional proof even when an electronic copy is sufficient for an initial legal review.

Identify every interested person and possible conflict

List the executor, co-executor, surviving spouse or partner, heirs, legatees, minor or dependent beneficiaries, disputed claimants, material creditors and any person controlling relevant property. Record the legal or alleged relationship without deciding it yourself.

Tell the lawyer if you may benefit personally, owe money to the estate, have bought or want to buy estate property, disagree with a co-executor, or have previously advised one side of a family dispute. A conflict does not automatically establish removal or liability, but hiding it prevents proper advice about disclosure, independent valuation, consent, recusal from a decision or court involvement.

Ask for two decisions, not a general explanation

End the brief with two questions. The first should address the immediate safe step: for example, whether to pause a transaction, answer an objection, preserve an account, seek a direction or file a court response. The second should address scope: which professional should handle the matter and what evidence is still needed.

Ask the lawyer to distinguish urgent protection from the longer merits investigation. Request a written scope, the person responsible for the next step, documents still required and the assumptions behind any cost or timing estimate. Do not ask for a guaranteed result or completion date; court, Master, SARS, conveyancing, creditor and third-party dependencies are not controlled by one practitioner.

Deliver the pack securely

Remove irrelevant personal information, password-protect a sensitive archive where appropriate and confirm the lawyer's delivery channel independently. Do not circulate beneficiaries' identity documents, banking details or medical records through an open family group. Keep a copy of exactly what was sent and when.

If the estate record is incomplete, send the urgent document and the one-page brief first. A missing perfect archive should not cause a real response date to be missed.

Related executor resources

• Executor document-file guide: Build the fuller administration record after the first issue has been scoped.
• Letters-of-executorship preparation guide: Prepare for advice when formal appointment is still the main problem.
• Executor costs and timing questions: Test a proposed mandate, estimate and stage plan.
• Urgent legal-help guide: Recognise events that need faster preservation or advice.

Important limitation

This preparation guide is general South African legal information. It does not confirm authority, liability, urgency, fees, timing or the outcome of a particular estate matter.

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