Summary
In South Africa, if a person dies intestate, the estate is distributed according to the Intestate Succession Act. If a creditor submits a late claim and no Liquidation and Distribution account has been drafted, the executor should review the claims validity, inform the Master of the High Court, and assess the estates solvency. If the estate cannot settle its debts, options include negotiating with creditors, declaring the estate insolvent, or seeking legal advice.Full Conversation
I want to know about estate administration. If a intestate
Hey Stargirl! Here are some general points regarding estate administration for an intestate case in South Africa:
- Intestate succession occurs when someone dies without a will.
- The estate is distributed according to the Intestate Succession Act.
- Spouses and close relatives are prioritized for inheritance.
- An executor is appointed to manage the estate.
If you have more specific questions or need further details, let me know!
Sorry I was not done typing. If a person dies intestate and with little cash in his estate, then a creditor submits a claim over a year late, and no L&D account was drafted, what is the next step to do with regards to the creditor's claim?
Hey Stargirl! In South Africa, if a creditor submits a late claim and no Liquidation and Distribution (L&D) account has been drafted, here are some general steps:
- The executor should review the claim's validity.
- Inform the Master of the High Court.
- Consider the estate's solvency to determine if debts can be settled.
Would you like more detailed assistance on this matter?
Yes.
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Hey Stargirl! For more detailed assistance, it might be useful to consult with a legal expert who can evaluate the specifics of the creditor's claim and guide you through the process. If you have any other questions or need further clarification, feel free to ask!
If debt can't be settled, what can you do?
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Hey Stargirl! If the estate cannot settle its debts, here are general options:
- Negotiate with creditors for reduced payments or settlements.
- Declare the estate insolvent, leading to liquidation.
- Seek legal advice to explore further options.
Would you like more information on any specific option?