Botswana - Apply for Master Office Service

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Procedure

Apply In-Person

1. The death of the person in question must be reported to the Master's office in the high court locations in either Gaborone or Francistown within 14 days of the death. Botswana Courts Contact
2. Submit the supporting documentation as listed under the “Required Documents” section of this page, to the Master's office; the receiving office will verify that all the necessary documentation has been provided and that the applications comply with the selection criteria before issuing the following forms to the applicant to be completed.
3. The Death Notice Form and provisional Inventory form, these application forms can be downloaded from the Botswana Justice website, or download them directly using these Death Notice Form-JUD.37 Link, Provisional Inventory form -JUD.36 Link
4. The application forms are duly completed in all respect, and the supporting documentation should be submitted to Masters Office to be registered for processing, which is within 6 months.
5. Applicants will be required to pay the processing fee as mentioned under the “Fees” section below and obtain a payment receipt and an acknowledgment slip as proof of submission of the application.
6. Once the death is registered the individual's will, will be executed by the appointed individual from the next of kin meeting (the executor) or as per the will and presided over by Masters Office in the High Court.
7. The role of this executor is to work under the supervision of the Master of the high court to ensure that the terms of the deceased's will and the provisions of the Administration of Estates Act [Cap 31:01] are complied with, as explained under “INSTRUCTION” section of this page.
   

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Required Documents

• A death certificate for the deceased person.
• A marriage certificate must be provided. ( if applicable)
• A relevant married persons' property form (Form A or B identifying a couple's marriage or common-law relationship).
• Original copy of the person's will if applicable.
• Applicant identification document
  

Office Locations & Contacts

Gaborone High Court Office
The Master’s Office
Private Bag BR 293
Gaborone
Tel: +267 3956339
Email: [email protected]

Francistown High Court Office
The Master’s Office
Private Bag F13
Francistown
Tel: +267 2412125
Email: [email protected]
Botswana Courts Contact

Eligibility

• Individuals and organizations related to or controlled by the deceased persons are affected by this process.
• Next of kin consist of close relatives (siblings, parents, and children).
• Organizations affected will include those owned by the deceased person at the time of death.
  

Fees

• A nominal charge of BWP20.00 applies.
• Additional costs will include the price of advertising the estate's dissolution in a newspaper which circulates in the deceased person's area and the Government Gazette.
  

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

• Death Notice Form-JUD.37
  
• Provisional Inventory form -JUD.36
  

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Six (6) months from the time of application.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

The executor's duties include:

• Controlling and safeguarding the deceased's assets.
• Preparation and filing of a complete listing of the property of the deceased.
• Advertise the debtors and creditors notices in the government gazette and any local newspaper circulating in the area where the deceased used to reside. The adverts must specify a 30-day time frame from the date of publication to allow those with claims against the estate to lodge claims with the executor who will then assess the claims.
• Identify the heirs of the estate.
• Prepare a listing of approved debtors and creditors and develop a plan for the payment of those debts from the assets of the estate.
• Prepare the Liquidation and Distribution Plan (LDP) of how the deceased's assets will be distributed per the instructions of the will or intestate succession dividing the property amongst the intestate heirs of the deceased which will then be examined by the Master.
• Advertise a notice that the LDP has been filed and is available in the Master's Office for inspection.  Objections to the plan submitted within 21 days of the advertisement publication must be addressed.
  • Responses by the Executor to objections to the plan must be filed within 14 days of receipt of the copy of the objection from the Master.
  • Where there are no objections, the executor must seek written approval from the Master to allocate property and pay debts according to the account.
• File receipts, certificates, motor vehicle registration books, title deeds, affidavits, and other documents confirming the distribution of the assets to the lawful heirs and creditors and request permission to be released as executor by the Master.
  

Required Information

• Name of the deceased
• Birthplace of deceased
• Nationality of deceased
• Names and addresses of the parents of the deceased (Father/ Mother)
• Age of the deceased (years/months)
• Occupation in the life of the deceased
• Ordinary place of residence of the deceased
• Married or unmarried, widower or widow
• Date and place where the deceased died.
• Names of children of the deceased
• Property details of the deceased
• The deceased will (if available)
• Declaration by the applicant
  

Need for the Document

• The Master is an officer appointed by the court for purposes of Administering Estates of deceased persons.
• Administration of an estate involves the gathering of the property of the estate and distributing it to the rightful beneficiaries.
• The Master is also responsible for the Liquidation of Companies and sequestration of insolvent estates.
  

Estates fall into two categories:

• Those of deceased persons who did not have a will (intestate).
• Those of deceased persons who had a will (testate).
  

Information which might help

The functions of the Master are defined in the following statutes:
Administration of Estates Act, CAP 31:01

• Administers estates of deceased persons - managing the property of the person who passed away
• Administers the Guardian Fund - management of benefits of minor beneficiaries or persons whose whereabouts are unknown.
• Chairs next of kin meetings. These are meetings of close relatives to nominate an executor dative and to deal with the estate of the person who passed away without a will.
• Approves liquidations and distribution accounts of the remaining properties of the estate.
  

Companies Act, CAP 42:01

• Supervises the winding up of Companies placed under
• Appoints liquidation
• Appoints liquidators
• Appoints Judicial Managers
• Presides over creditors meetings
• Approves liquidation and distribution accounts.
  

Insolvency Act

• Supervises sequestration of insolvent persons
• Appoints Trustees to estates.
  

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• Go.BW
• BW. JUSTICE WEBSITE
  

Others

More information which might help people.