Before proceeding to wind up an Intestate estate, the most important question heirs are faced with is: who should be the executor. The misconceptions surrounding an executor’s role introduces many quarrels within a family dynamic which results in the delay in winding up an estate. 

Although there are many, one of the biggest misconceptions is that an executor may sell the immovable property in an estate without the knowledge of the heirs in the estate. In the event where immovable property is sold, only the executor would sign the offer to purchase and an application will be made to the Master of the High Court formally known as a S42(2) application whereby the Master of the High Court would have to approve the sale of the immovable property. 

However, the heir’s in the estate also plays a role within this transaction. The heirs in the estate would need to agree to the sale of the immovable property by signing a consent to sale form. Although this is one misconception, there are many that exist which causes unnecessary disputes. In the event where one is unsure regarding an executor ‘do’s and don’ts’ it is advisable to seek legal advice.