Dying Without a Will: Intestate Succession SA

Quick Answer

When someone dies without a will, the Intestate Succession Act 81 of 1987 shares the estate: normally the surviving spouse and children first, then parents, siblings and wider relatives. The Master’s process — and the J193/J187 adverts — still apply.

Family home inherited under the Intestate Succession Act when there is no will

Image: William Shakespeare and unknown scribe, via Wikimedia Commons, Public domain

What “Intestate” Means

A person dies intestate when there is no valid will (or the will does not deal with all the assets). In that case the Intestate Succession Act 81 of 1987 decides who inherits — not the family, not the Master, and not the government (unless no heirs can be found at all).

The Basic Sharing Formula

Spouse and children: the surviving spouse receives a child’s share or a fixed minimum amount set by regulation (currently R250,000), whichever is greater, and the children share the rest equally.
Spouse, no children: the spouse generally inherits the whole estate.
Children, no spouse: the children share equally.
No spouse or children: parents, then siblings, then wider blood relatives inherit in the order the Act prescribes.
Nobody at all: the estate ultimately goes to the state as bona vacantia — which is rare.

Permanent life partners are also recognised in the succession formula under the 2023 amendments to the Act, effective from April 2024.

How Intestacy Affects the Estate Process

The estate is still reported to the Master, an executor or Section 18(3) representative is still appointed, and the J193 and J187 adverts still run — the Act changes who benefits, not what must be done. The executor advertises so that all heirs and creditors can come forward, which is especially important where family trees are complicated.

Practical Warnings

Don’t distribute anything before the Master’s process is complete.
Unmarried long-term partners should not assume automatic inheritance — the 2023 amendment helps qualifying partners, but proof of the partnership is essential.
Accurate next-of-kin details on the J192 affidavit speed up the appointment of the right executor.

Frequently Asked Questions

Does a common-law spouse inherit automatically?

South Africa has no automatic common-law marriage. Qualifying permanent life partners can inherit under the amended Act, but they must prove the partnership existed.

What happens to the house?

It forms part of the estate and is shared under the formula — heirs often agree to transfer it to one person, which requires the estate process and a conveyancer. See how to transfer property from a deceased estate.

Can the family decide differently among themselves?

Heirs may agree to redistribute, but it must be done formally in the liquidation and distribution account approved by the Master — not informally.

Request Your Estate Advert

Is the estate you are dealing with intestate? Send the details below and we will confirm what must be advertised — flat R400 per advert, proof included.

No Will? The Adverts Still Apply — R400 Flat

Intestate estates are advertised exactly like testate ones. We handle the J193 and J187 for a flat R400 per advert.

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nicolette@adminboss.co.za • 074 487 5082

A division of Admin Boss — small-business administration services, South Africa.

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Last updated: 4 October 2026 by Admin Boss – Estate Division, Pretoria. Questions? Call 074 487 5082 or email nicolette@adminboss.co.za. Admin Boss – Estate Division is a notice publication and administrative service, not a law firm; we do not give legal advice.

Admin Boss – Estate Division is based in Pretoria, Gauteng, and assists clients remotely across South Africa — call 074 487 5082.