A letter of executorship is issued by the Master of the High Court and authorises a person to administer a deceased estate. Without it, nobody has authority to deal with the estate assets, and banks and other institutions will not act on instructions.
For smaller estates the Master issues letters of authority instead, under a simplified process. Which applies depends on the value of the estate, and the threshold is set by the Minister and revised periodically, so confirm it with the Master office.
Legal Requirements at a Glance
Reporting an estate to the Master normally requires the following.
- The original or a certified copy of the death certificate
- The original will, where one exists
- A completed death notice
- An inventory of the estate assets
- A completed acceptance of trust as executor form
- Certified copies of the identity documents of the deceased and the executor
- A declaration of subsisting marriages
- The next of kin affidavit, where there is no will
Documents, Forms and Evidence Required
The estate must be reported to the Master of the High Court in the jurisdiction where the deceased was ordinarily resident, and it must be reported within a set period after death.
Where there is a valid will nominating an executor, the Master generally appoints that person. Where there is no will, the heirs nominate someone, and the Master appoints in accordance with the intestate succession rules.
The Master may require the executor to provide security, commonly through a bond of security, unless the will exempts them or the executor is an heir.
Eligibility and Formal Requirements
Report the estate at the Master office or a designated service point, submitting the documents listed above. The Master then issues either letters of executorship or letters of authority depending on the estate value.
Letters of authority for smaller estates carry a simplified administration process without the full requirements of a formal estate administration, which is why establishing which applies matters at the outset.
Application, Certification or Registration Steps
Processing times vary by Master office and are commonly measured in weeks to months. Institutions will not release funds or transfer assets before letters are issued, which is why estates frequently take far longer to wind up than families expect.
Executors carry legal duties and personal liability for maladministration. Where an estate is substantial, complex or contested, appointing a professional executor or taking legal advice is prudent rather than optional.
This page is general information and not legal advice. Take advice from a qualified legal practitioner on administering a specific estate.
Fees, Processing and Validity
The Master charges prescribed fees on estates above a threshold, and executor remuneration is set at a prescribed tariff unless the will provides otherwise. Confirm current figures with the Master of the High Court.
Processing times vary by Master office and are commonly measured in weeks to months. Institutions will not release funds or transfer assets before letters are issued, which is why estates take longer to wind up than families expect.
Letters of executorship remain valid until the estate is finalised and the Master issues a filing slip discharging the executor. Executors carry legal duties and personal liability for maladministration throughout that period.
Frequently Asked Questions
What is a letter of executorship?
A document issued by the Master of the High Court authorising a person to administer a deceased estate. Without it nobody has authority to deal with estate assets.
What is the difference from letters of authority?
Letters of authority are issued for smaller estates under a simplified process. Which applies depends on the estate value, and the threshold is revised periodically.
Who is appointed as executor?
Where there is a valid will, generally the nominated person. Where there is no will, the heirs nominate someone and the Master appoints under the intestate succession rules.
How long does it take?
Commonly weeks to months, varying by Master office. Institutions will not release funds before letters are issued.
Confirm the current estate value threshold, required forms and fees with the Master of the High Court, and take legal advice on administering a specific estate. Browse all legal and document requirements.