Did you Know?The immovable property registered in the name of a deceased person automatically falls within the deceased person’s deceased estate? An executor is appointed by the Master of the High Court for every deceased estate. If any immovable property falls within the deceased estate, it is the responsibility of the executor of the deceased estate to transfer the immovable property into the name of the purchaser.In terms of the Administration of Estate Act, 66 of 1965, no person shall liquidate or distribute the estate of any deceased person, except under letter of executorship granted or signed and sealed under this Act. Where property was sold or otherwise disposed of by a deceased during his lifetime or by the executor after death, the executor in the estate of the deceased person must therefore sign the power of attorney.This in effect means that even if the transfer documents have been lodged at the Deeds Office, but the seller dies before the date of registration, the documents will have to be withdrawn and relodged at the Deeds Office reflecting the executor of the deceased estate as the transferor of the immovable property.The biggest delay caused by the death of a seller to the transferring process is the fact that an executor will first have to be appointed by the Master of the High Court. Thereafter the power of attorney needs to be signed by the executor of the deceased estate and endorsed by the Master of the High Court, confirming that the Master has no objection to the transfer of the property.This power of attorney signed by the executor of the deceased estate and duly endorsed by the Master of the High Court should then be relodged at the Deeds Office together with the draft deed, the holding deed, the transfer duty receipt and the clearance certificate.If you found this article interesting, please share it with a friend or family member. As always, feel free to reach out to me if I can assist with any real estate related matters...