Botswana - Obtain Legal Heir Certificate (Succession Certificate)

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Procedure

Apply In Person

1. Where the death of a person occurs within Botswana or Abroad, and the deceased has left behind any property in Botswana or a will it should be reported to the Master Office at the High Court either in Gaborone or Francistown within fourteen (14) days after the death has occurred. Botswana Courts Office Location & Contact Details
2. The person making the report (notifier) will be required to disclose full particulars of the deceased property to the Master Office such as;
   • If the deceased has left a will appointing the Masters as sole executor.
   • If the deceased having made a will devising or bequeathing his or her estate or any part of it has omitted to appoint an executor.
   • If the person or persons named as executor or executors in the will have predeceased the testator or renounced probate of the will.
   • If probate or letters of administration have not been obtained within two months from the death of the testator.
   • If the person died intestate succession i.e. where a person dies without having made a will or the will is invalidated.
3. The notifier will be required to collect and complete the Death Notice Form and provisional Inventory Form, obtainable at any of the master offices or download them via the Botswana Administration of Justice Website Master’s Office Forms or directly download them using these Death Notice Form and Provisional Inventory Form
4. The completed forms attached to the relevant supporting documentation as listed under the “Required Documents” section of this page, should be submitted to the Master’s office for consideration.
5. Upon submission of the completed application file, the Master’s office will check for discrepancies or ineligibility in the application documents. If a discrepancy that cannot be immediately corrected exists in any of the documents, the application and all the submitted documents will be returned to the applicant and should not be re-submitted until the discrepancy has been rectified.
6. If the Master's office is satisfied that all the requirements have been met for the application for the license, the applicant will be advised to pay a nominal charge of BWP20.00 before the death is registered.
7. It should be noted that additional costs will include the price of advertising the estate's dissolution in a newspaper which circulates in the deceased person's area and in the Government Gazette.
8. Upon making payment the applicant is issued with an acknowledged slip as proof of submission of the application and for inquiry referencing if the need arises.
9. The time frame accumulatively for processing the application is Six (6) months from the time of application.
10. Once the death is registered, the individual's will is to 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.
11. A person who is appointed to execute an individual (An executor) will, shall be issued with a legal document by the Master’s office proving such legal authority e.g (a succession certificate).

Please Note:

• The role of the 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 “Instructions” section of this page.

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Required Documents

• Duly Completed Death Notice Form
  • Provisional Inventory Form
• A death certificate for the deceased person.
• If the individual was married:
  • A marriage certificate must be provided.
  • 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 valid identification document.
• Any other additional supporting documentation as requested by the Authority.

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 F13Francistown
Tel: +267 2412125
Email: [email protected]
Botswana Courts Office Location & Contact Details
Botswana Administration of Justice Website

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 in 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
Provisional Inventory Form

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The time frame accumulatively for processing the application is 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 dkisplayed.
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

• This is the process of notifying the Master’s office of the death of an individual, which shall then appoint an executor who shall 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 Administration of Estates Act [Cap 31:01] are complied with.
• A legal heir certificate is a document that proves the legal heir of a deceased person's property.

Information which might help

The Master’s Office

• 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).

Other uses of the Document/Certificate

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

External Links

Administration of Estates of Deceased Persons
Master’s Office

Others

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.

Marriage Act, CAP 29:01

• Issuance of certificates if protection of minors of former marriages where the person intending to remarry has a former spouse who is deceased.

High Court Rules, CAP 04:02

• Provision of report to Judges and supervision of curators appointed by the Court together with overseeing the administration of estates of incapacitated persons.