Section 29: notice to creditors
Within a reasonable time after Letters of Executorship are issued, the executor must place a notice in a local newspaper and the Government Gazette inviting any person who has a claim against the estate to lodge it within 30 days.
The notice must include the deceased's full names, identity number, last address, the estate number, and the executor's contact details. The 30-day period runs from the latest of the two publication dates.
Section 35: notice of inspection
Once the Liquidation and Distribution Account is ready and the Master has approved it for inspection, the executor must place a Section 35 notice in a local newspaper and the Government Gazette.
The notice gives 21 days for any interested person to inspect the L&D Account at the Magistrate's Court and the Master's Office, and lodge any objection.
If no objection is lodged, the executor can proceed with distribution. If an objection is lodged, the Master decides whether the account should be amended.
Practical pointers
The local newspaper should be one that circulates in the area where the deceased was last ordinarily resident.
Government Gazette notices have specific submission cycles - plan for at least one to two weeks of lead time.
Keep tear sheets of the actual published notices: the Master will ask for proof of publication.
Common questions
Do small estates need Section 29 and Section 35 notices?
Estates administered under Letters of Authority (Section 18(3), gross value under R250,000) are exempt from the Section 29 and Section 35 advertisement requirements.
Where do the notices have to be published?
Both notices must appear in a local newspaper that circulates in the area where the deceased was last ordinarily resident, and in the Government Gazette.