Deceased Estates,  Estate Administration,  Government Gazette,  Legal Notices,  Master of the High Court

Deceased Estate Advertising Requirements in South Africa: Master of the High Court Rules Explained

When someone passes away in South Africa, the estate cannot simply be divided among the heirs. The Master of the High Court oversees the process, and one of the Master’s most important safeguards is compulsory advertising. Every standard deceased estate must be advertised at least twice — once to call in creditors, and once to open the executor’s account for public inspection. This guide explains the exact deceased estate advertising requirements, which forms to use, which newspapers qualify, and the deadlines you cannot afford to miss.

Gavel, newspaper legal notices and scale of justice — deceased estate advertising requirements in South Africa

Why deceased estates must be advertised

Advertising a deceased estate is not a formality. It exists to protect three groups of people:

  • Creditors — anyone the deceased owed money to gets a fair chance to claim before the money is paid out.
  • Heirs and beneficiaries — they can inspect the account and object if something looks wrong.
  • The public — estate files are public documents, and the adverts make the whole process transparent, which discourages fraud and misappropriation.

Both compulsory advertisements are prescribed by the Administration of Estates Act 66 of 1965 — the first by Section 29 and the second by Section 35.

The first advertisement: the Section 29 notice (form J193)

As soon as possible after the Master issues Letters of Executorship, the executor must publish a Notice to Creditors in Deceased Estates — the prescribed form J193. Section 29(1) of the Act is very specific about where this notice must appear:

  • In the Government Gazette; and
  • In one or more newspapers circulating in the district where the deceased ordinarily resided at the date of death;
  • If the deceased lived in a different district at any time in the 12 months before death, the notice must also run in a newspaper circulating in that other district; and
  • If the deceased was not ordinarily resident in any South African district, the notice goes into a newspaper circulating in a district where the deceased owned property.

The notice calls on everyone with a claim against the estate to lodge it with the executor within a stated period. That period must be not less than 30 days and not more than three months, counted from the date of the latest publication of the notice. (For very small estates the Master may direct a shorter period.)

The J193 notice must state the deceased’s full names, identity number, last address, date of death, the estate number, and the name and address of the executor or agent where claims must be lodged. You can download the current form from the Department of Justice Master’s Office forms page. For a detailed walkthrough of both forms, see our guide to the J193 and J187 forms in South Africa.

The second advertisement: the Section 35 notice (form J187)

Once the executor has gathered the assets, settled the debts and prepared the Liquidation and Distribution Account, the Master examines it. After examination, Section 35 requires the executor to advertise that the account lies open for inspection. This is done on form J187, again in:

  • The Government Gazette; and
  • One or more newspapers circulating in the district (or districts) described above.

The account then lies open for inspection for not less than 21 days at the Master’s Office. If the deceased lived in a district other than the one where the Master’s Office sits, a duplicate account must also lie open at the Magistrate’s Court of that district. The notice must state the exact period and the places of inspection. Anyone with an interest in the estate may lodge an objection with the Master during this window.

Checklist, newspaper and gavel — requirements for publishing legal notices in South African newspapers

What the law requires of the newspaper itself

The Act does not license or approve specific newspapers — it sets a functional test: the newspaper must circulate in the relevant district. In practice, that means a publication that meets these requirements:

  1. Real circulation in the district. The paper must be genuinely distributed and read where the deceased lived — a national-only insert with no local reach will not satisfy the Master.
  2. Regular publication. It must appear on a regular schedule (daily, weekly or fortnightly), not as an occasional flyer, so that the notice has a fair chance of being seen.
  3. General-interest content. It should be a bona fide newspaper carrying news for the general public, not a private pamphlet or single-topic leaflet.
  4. Proof of publication. The newspaper must be able to supply a tear sheet or affidavit confirming the date the notice appeared. The executor keeps this proof for the Master’s file, because the claims period runs from the latest publication date.
  5. Correct notice format. The wording must follow the prescribed J193 or J187 form, including the estate number, the deceased’s details and the lodgement address.

Alongside the print requirement, many executors now place the same notice in a reputable online newspaper edition as well. This does not replace the Gazette or the circulating print newspaper, but it widens the reach considerably — creditors increasingly search for estate notices online, and an online listing stays searchable long after the print edition has been recycled.

The Government Gazette side of the requirement

Both the J193 and the J187 notices must also appear in the Government Gazette, which is published by the Government Printing Works. Gazette notices are submitted in the prescribed form before the weekly cut-off, and the executor should diarise the Gazette date carefully: the 30-day (minimum) claims window under Section 29 only starts running from the latest of the publications, so a late Gazette date can quietly extend the entire estate timeline.

Timeframes at a glance

Step Requirement Timeframe
Report the death to the Master Death notice (form J294) plus supporting documents Within 14 days of death
Section 29 notice (J193) Gazette + district newspaper(s) As soon as possible after Letters of Executorship
Creditor claims period Stated in the notice 30 days to 3 months from latest publication
Section 35 notice (J187) Gazette + district newspaper(s) After the Master has examined the account
Account open for inspection Master’s Office (and local Magistrate’s Court) At least 21 days

What happens if you get the advertising wrong

Incorrect or incomplete advertising is one of the most common reasons estates stall at the Master’s Office. The consequences can be serious:

  • The Master can refuse to accept the account until the notices are re-advertised, adding months to the process.
  • Creditors who were not properly notified can still claim later — and under Section 31, late claimants without a reasonable excuse may be held liable for the costs of redoing the account.
  • An executor who distributes the estate without following Sections 29 and 35 can be held personally liable to creditors and heirs for any loss they suffer.

Frequently asked questions

Which notices must be advertised when someone dies in South Africa?

Two notices are compulsory in a standard estate. The Section 29 notice (form J193) calls on creditors to lodge claims, and the Section 35 notice (form J187) announces that the Liquidation and Distribution Account lies open for inspection. Both must appear in the Government Gazette and in one or more newspapers circulating in the district where the deceased ordinarily resided.

Which newspaper must be used to advertise a deceased estate?

The Administration of Estates Act 66 of 1965 requires a newspaper that circulates in the district where the deceased ordinarily resided at the date of death. If the deceased lived in another district at any time during the 12 months before death, the notice must also run in a newspaper circulating in that district. If the deceased was not ordinarily resident in South Africa, a newspaper circulating in a district where the deceased owned property must be used.

How long must creditors be given to lodge claims against an estate?

The Section 29 notice must give creditors at least 30 days and no more than three months, counted from the date of the latest publication of the notice, to lodge their claims with the executor.

What is the difference between form J193 and form J187?

Form J193 is the Notice to Creditors in Deceased Estates published under Section 29, inviting claims. Form J187 is the Liquidation and Distribution Account notice published under Section 35, telling the public where and for how long the executor’s account lies open for inspection — normally at least 21 days at the Master’s Office and the relevant Magistrate’s Court.

What happens if a deceased estate is not advertised correctly?

The Master of the High Court can refuse to accept the estate account, which delays the entire winding-up process. Creditors who miss an invalid notice can still claim later, and an executor who distributes the estate without following the Act can be held personally liable to creditors and heirs for any loss.

Do estates worth less than R250,000 need to be advertised?

Estates with a gross value of R250,000 or less are usually handled under Section 18(3) of the Act, where the Master appoints a Master’s representative instead of issuing Letters of Executorship. In practice this streamlined route avoids the full Section 29 and Section 35 advertising cycle, although the Master may still direct that a notice be published in a particular case.

The bottom line

Advertising a deceased estate correctly is not difficult, but it is unforgiving: the right forms (J193 and J187), the right channels (the Government Gazette plus a newspaper circulating in the correct district), and the right timeframes (30 days to 3 months for claims, 21 days for inspection) all have to line up. Get them right and the estate moves through the Master’s Office smoothly. Get them wrong and you face delays, objections and even personal liability. Browse the latest notices and resources on EstateNotices.co.za, a service of Admin Boss, and always confirm current requirements on the Department of Justice deceased estates page.

Sources: Administration of Estates Act 66 of 1965 (gov.za); Department of Justice and Constitutional Development — Master of the High Court forms and reporting guides. This article is general information, not legal advice.