GOV.BW

Involves the orderly dissolution and distribution of an estate. 

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).

The Master of the High Court has the power to administer estates reported to the office.  

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 in order 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 in accordance with 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.
  1. 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. 
  2. 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 distribution of the assets to the lawful heirs and creditors and request permission to be released as executor by the Master.