Vaidating the Title Deed of a Deceased Estate Property under SI 76 of 2025: What Every Executor and Beneficiary Must Know

TARIRO MAGAYA AND FUNGAI CHIMWAMUROMBE

When a person dies owning immovable property, the family must act through a lawfully appointed executor.
Occupying, maintaining or caring for the deceased does not, by itself, transfer ownership to the beneficiaries.
The process involves several technical steps, but executors and beneficiaries are not expected to master them, as explained at the end of this article.Within fourteen days of the death, the family or another interested person must lodge a Death Notice with the Master of the High Court, as required by the Administration of Estates Act.
The informant must provide:the death certificate;the original will, if any;a completed Death Notice;a Preliminary Inventory;a marriage certificate, where relevant; andidentity documents.If there is a valid will, the Master confirms the executor it names.
If there is none, the Master appoints an executor dative. In either case, the Master issues formal authority, commonly called Letters of Administration.
This empowers the executor to collect assets, deal with creditors and debtors, and submit the title deed for validation.The executor must identify everything the deceased owned and owed, and then prepare a Liquidation and Distribution Account.
The account shows the assets and liabilities, how the debts will be settled, and who inherits the balance. It is submitted to the Master and advertised so that creditors and other interested parties can inspect it and object.
If there is no valid objection, the Master approves the account and authorises distribution.
The executor then pays the Master’s fees, stated here as 4% of the value of the estate or property, before obtaining the Master’s consent to transfer.
An executor is generally expected to wind up the estate within six months of appointment, although missing documents, unpaid debts, heir disputes or litigation may extend this period.Once the estate has been wound up and the Master has consented to transfer, the beneficiaries must decide how to hold the inheritance.
They may take the property in their personal capacities, or have it held in a trust of their choice.
Both routes are permissible, and the choice rests with the beneficiaries.After winding up, the title deed must be validated, digitised and securitised.Where the property is transferred to the beneficiaries as individuals, the following must be provided:the Master’s consent to transfer;the letters of administration;the letters of authority;the current title deed;the previous deed of transfer, where available;passport-size photographs of each beneficiary; andan email address and physical address for each beneficiary.Each beneficiary must also sign an affidavit before a notary public, place a right thumbprint on it, and have an individual biometric photograph taken using a point-of-sale (POS) machine.Where the beneficiaries elect to hold the property in trust, they must supply all of the above and, in addition:the deed of trust; anda resolution of the board of trustees authorising a named representative to act on the trust’s behalf.The executor should also gather the original title deed, a certified death certificate, proof of the executor’s authority, identification documents, proof of the property details and any mortgage bond documents.
Under SI 76 of 2025, the Registrar must verify the original deed before issuing a replacement. The executor, or a conveyancer acting for the estate, submits the deed to the Deeds Registry. The Registrar checks its authenticity, its compliance with the Deeds Registries Act, and whether further evidence is needed.
On success, the Registrar issues a securitised deed, which is a secure digital record backed by a printed copy on special paper. The old paper deed is surrendered on collection.Validating the deed does not pass ownership to the beneficiaries. Transfer is a separate step under the Administration of Estates Act and the Deeds Registries Act.
After the Master approves the Liquidation and Distribution Account, the executor instructs a conveyancer to prepare and register the transfer to the lawful beneficiary or beneficiaries. Alternatively, the estate may sell the property, but only with the Master’s authority and, where required, the beneficiaries’ consent.It is not mandatory for executors or beneficiaries to master the technical detail of these legal requirements. They can engage a legal practitioner to guide them through each stage, from lodging the Death Notice and preparing the Liquidation and Distribution Account to validating the title deed and registering the transfer. Professional assistance helps avoid delays, missing documents and costly errors, and gives families confidence that the estate is administered lawfully.