How can I access unclaimed money from my late father's bank account?

The long answer

There is a whole process that must be followed when someone dies, in terms of the Administration of Estates Act of 1965. A person’s death should be reported to the Master of the High Court within 14 days.

When a person dies, all their property and bank accounts are frozen. It is called a deceased estate. No one is allowed to withdraw money from the deceased’s bank accounts or deal with any of the assets like property without the permission of the Master. If your father was married in community of property, the joint estate is frozen. 

These are the documents you need to report the death to the Master:

• Death Notice form – J294

• The original or certified copy of the death certificate

• The original or certified copy of marriage certificate, or acceptable proof of being in a customary marriage or being a life partner (like children’s birth certificates) as requested by the Master

• All original wills

• Completed next of kin affidavit (J192 form)

• Completed inventory (J243 form) showing all assets of the deceased

• Nominations by the heirs for the appointment of a Master’s representative in the case of an intestate estate or where no executor has been nominated in the will or the executor declines the appointment

• Acceptance of Master’s Direction (J155 form) or acceptance of trust as executor in duplicate completed by the person accepting appointment.

The Master appoints an executor if the estate is worth more than R250,000, or a representative to carry the Letter of Authority if the estate is worth less than R250,0000 to wind up the deceased estate. 

The executor or the person with the letter of authority must open a new bank account in the name of “Estate of Late Mr X”, so that your father’s bank account is closed and the bank must transfer the money to the new “Estate Late Mr X” bank account. The representative/executor will need to provide the bank with the following documents:

• Death Certificate

• Deceased’s ID

• Letter of Authority or Letter of Executorship

• Appointed Representative’s or Executor’s ID

If your father did not leave a will, the family members must nominate someone – and sign their names to this nomination – to be the representative with the letter of authority (J170) in terms of Section 18(3) of the Administration of Estates Act.

The executor or the representative with a letter of authority must pay any outstanding debts before seeing that the rightful heirs inherit. Having the letter of authority or being appointed as an executor does not give that person any rights over the property. Their duty is to wind up the deceased estate, which means first paying all the debts and then seeing that the rightful heirs inherit. In a marriage in community of property, one half of the estate belongs to the surviving spouse, and so only your late father’s half of the joint estate can be distributed among the heirs.

You could approach an organisation like the Black Sash which gives free paralegal advice to help you. These are their contact details:

Email: help@blacksash.org.za

Helpline: 072 66 33 73

In summary: You cannot access your father's deceased estate, including his bank account, without permission from the Master of the High Court. If you haven't already, you need to report your father's death to the Master, who will appoint someone to distribute your father's estate and make sure that everyone inherits what they are due.

Wishing you the best,
Athalie