Frequently asked questions


Does a deceased Estate need to lodge a tax return?

The Executor of the Estate has an obligation to make sure that all tax returns of the deceased are up to date with the South African Revenue Services (SARS).

How much can you inherit without paying taxes?

Each individual receives a rebate of R 3.5 million on Estate Duty.

Do you pay Capital Gains Tax on a deceased Estate?

The Executor of an Estate is required to disclose and submit the Capital Gains Tax calculation together with proof of documentation to the South African Revenue Services (SARS) as part of the annual income for the financial year in which an individual passes away.

What is an Executorship?

The administration of deceased Estates is generally the process of winding up the affairs of the deceased individual and this process is governed by the Administration of Estates Act, 66 of 1965 (as amended). These duties and processes need to be fulfilled by a person who is appointed by the Master of the High Court and is referred to as the Executor of the Estate.