What to do when someone dies (Part 2): Important documentation

When faced with the emotional turmoil of losing a loved one, it is difficult to deal with arrangements for the funeral and the deceased estate. Yet these have to be taken care of, and involve various important documentation which is explained below.

How to obtain a death report?

The death must be reported at the Department of Home Affairs by the family or next-of-kin as a first step towards preparation for the funeral or estate.

A death report (BI 1680 form) confirming the death must be obtained. The following steps must be followed in obtaining the report:

• A doctor must examine the deceased’s body to provide a report on the cause of death.

• A traditional healer or undertaker may also complete the form in rural areas where no doctor is available.

• A Home Affairs official or member of the South African Police Services may also complete the form.

• In the case of South Africans who pass away outside

South Africa, the death must be reported to the closest embassy or mission abroad. That country will be responsible for issuing a death notice and death certificate that must be submitted to the South African embassy or mission when •

A family member or next of kin must report the death to the Registrar of Births and Deaths at the Department of Home Affairs. If the area where the death occurred has no Home Affairs office, the death may be reported at the nearest Police Station.

How to obtain a death certificate?

After the death has been reported, a death certificate must be issued by the Department of Home Affairs. An abridged death certificate is a printout which does not contain the full details of the death. It is issued free of charge and on the same day as the registration of the death.

In obtaining the death certificate the following time frames must be adhered to:

• If the death takes place in a city, the death report must be submitted at Home Affairs within 24 hours of the death.

• If the death takes place in a rural area, the death must be reported at Home Affairs within 14 days of the death.

The application for death certificate is made on Form BI-132. When making this application, you must also have the death report, the identity document of the deceased, the identity document of the person reporting the death, and the marriage certificate of the deceased (if applicable). Upon completion of next of kin or family of the deceased will be provided with the important death certificate in preparation for the burial.

There may also be situations where an unbridged death certificate will be issued after the death of a person. An unabridged certificate is a certificate containing the same details of the person and their death, but with more additional details than an abridged certificate. This certificate is obtained by completing the same Form BI-132 and submitting it to Home Affairs with the necessary fees paid. An unabridged certificate is usually issued out on request after the abridged death certificate has already been provided.

It usually takes 2 to 5 weeks to be issued, depending on how easily the records can be located.

If a person is declared dead and recorded as such, but there has been a mistake, this must be reported as soon as possible at the nearest Home Affairs office for urgent investigation and correction.

Where to report an estate?

Upon death, a new legal entity comes into existence, namely a deceased estate (‘estate late X’), and all assets and liabilities of the deceased are now vested in the estate. This estate must be reported at the Master’s office within the

area where the person died and is believed to have left behind any property or a valid Will. When a person dies outside of South Africa but has still left behind property or a valid Will in South Africa, then that estate must still be reported. The person who is aware of the property of the deceased or has a valid Will may approach the Master of the High Court to report the estate.

In the Eastern Cape we have four offices of the Master, namely in Makhanda (Bathurst Street), Gqeberha, Mthatha and Bhisho. Estates must be reported at the closest office by visiting the offices physically or sending the documents via registered mail through the post office.

In the event that a person dies outside the country, any branch of the Master’s Office may be approached to report the death, and that branch of the Master’s Office must provide a letter to confirm that no letters of executorship have been issued for that person’s estate by any other branch office of the Master.

How do you report an estate at the Master of the High Court?

There is a list of documents that are required in reporting the deceased estate. Should the value of the estate exceed R250 000.00, Letters of Executorship will be issued and the estate will be wound up in terms of the Administration of Deceased Estate Act. For estates worth less than R250 000.00, Letters of Authority are issued.

The following documents are required to report an estate worth more than R250 00.00 (obtainable on the internet or at the Master’s Office):

• Completed death notice (form

J294)

• Original or certified copy of a

death certificate

• Original or certified copy of marriage certificate (if applicable)

• Any Will or codicil

• Next-of-kin details, should no

Will be available

• Completed inventory form (form

J243)

• A nomination of an executor, should deceased have died intestate

• Acceptance of trust as executor by persons nominated as executor

• A security fee, unless the executor has been exempted from paying this fee in the deceased’s Will, or he is the parent, child or spouse of the deceased.

In the case of estates worth less than R250 000.00, the above documents are still required, however the security fee is not a requirement.

Ms Lepho Mantanga Attorney, Rhodes University Law Clinic