Due Diligence and Administration of Deceased Estates (Probate) in Zimbabwe:

Introduction: Office and Legislation dealing with the matter:

The legislation dealing with the administration of deceased estates (probate) is that of the Administration of Estates Act (Chapter 6:01). As part of section 23 of that Act attests, "The estates of all persons dying either testate (with a will) or intestate (without a will) shall be administered and distributed according to law."(parentheses mine)

. The office in charge of administration and oversight of deceased estates, is that of the Office of the Master of High Court, which, in Harare, is situate at:

Master's House,

Corner Herbert Chitepo Street and Second Street.

Let us explore, briefly and rather broadly, how deceased estates are administered, as well as due diligence to be cognizant of, when seeking to purchase immovable property administered under a deceased estate.

Appointment of Executor or Executrix:

Section 25 of the aforementioned Act deals with appointments of the executor/executrix. If the deceased died testate, the executor/executrix is nominated in their will or codicil(s) (amendments or iterations of their will), and must be appointed or mandated by the Master with Letters of Administration. If, however, the deceased died intestate, the Master or Assistant Master typically adjures (in the Government Gazette) an edict meeting, summoning the nearest of kin as well as creditors to attend. Once convened, the attendees either arrive at a consensus as to whom the executor/executrix will be, or the Master or Assistant Master will appoint them, typically using the order of preference outlined in section 26 of the Act (surviving spouse, nearest of kin, then creditors).

Mandate of the Executor/Executrix:

Sections 38, 40, 43, 45, 52 among others in the Act, define the mandate of the executor/executrix, which includes, inter-alia:

- Providing an inventory to the Master, of all property held to which the deceased had rights (immovable and otherwise) (section 38).

- Providing public notice (by way of publication in the Government Gazette, as well as the local press in the district wherein the deceased domiciled) for creditors to come forward and lodge claims against the estate within 30 days after publication of notice, or forever hold their peace (section 43).

- Obtain sworn valuations of immovable property held in the estate by an immovable property valuer of probity and in good-standing with the Valuers Council of Zimbabwe (section 40).

- Lodge a liquidation and distribution account with the Master, reflecting the distribution of assets to the beneficiaries according to the will and codicils of the deceased if they died testate, or according to applicable succession laws (such as section 68F of the Act).

Approval and subsequent distribution:

Section 52 of the Act outlines that once the liquidation and distribution account has been deemed satisfactory with the Master, it must be gazetted in the Government Gazette, as well as advertised in the local press of the district where the deceased domiciled, that the account will lie, "for inspection for not less than three weeks by any person interested in the estate."(section 52, subsection 5b)

If no objection is raised after the account had lain for inspection, the estate may be liquidated and the inheritances distributed to the respective beneficiaries; this process must commence within a reasonable timeframe of approval (normally not more than 2 or 3 calendar months after approval by the Master).

Home stretch - Due Diligence checks when seeking to purchase immovable property from a deceased estate:

Now that we have background and context into the broader narrative of how a deceased estate is administered in Zimbabwe, let us focus on crux or due diligence issues when seeking to purchase real estate under a deceased estate, for the purposes of safety:

1) Ascertain the identity of the executor/executrix: This is critical. Ask them to produce letters of administration from the Master or Assistant Master. The letters of administration should contain:

a) The full legal name(s) of the executor/executrix.

b) The name of the deceased and date of their demise.

c) Dated stamp from the Office of the Master of High Court.

d) The exact date and signature as to when the executor/executrix was mandated with the letters of administration.

e) A reference or deceased estate number (e.g. DR. No 1234/22) with which one may report to Master's House, so as to double check the verity of the professed executor/executrix' claim.

From there, drill down to check that the prima facie natural person executor/executrix presented to or otherwise interacting with you, is the actual one confirmed by the Office of the Master. Cross-check their ID, passport, birth, marriage and academic certificates where applicable, for a consistent, coherent narrative of identity to absolutely make sure that you are dealing with the actual person, as identity fraud in Zimbabwe is a big issue.

2) Check with the Office of the Master if they have given the executor/executrix consent to dispose of the immovable property in question: As section 120 of the Act attests, "If, after due inquiry, the Master is of opinion that it would be to the advantage of persons interested in the estate to sell any property belonging to such estate otherwise than by public auction he may, if the will of the deceased contains no provisions to the contrary, grant the necessary authority to the executor so to act."

3) From there, other immovable property due diligence protocols will apply: (e.g. a Deeds search at the deeds registry, to check for caveats, encumbrances, miscellaneous agreements, co-freeholders whose consent may be required by special power of Attorney, etc; verifying cadastral data with the Surveyor General, and so forth).

4) Once the above checks have been performed, and all is unobstructed and clear, one may enter into an agreement of sale, knowing that for all intents and purposes, they are safe and sound.

?Thank you so much for your valued time and attention. Endeavor to be safe, always.

Tatenda Kangwende is grateful and honored to be, "Your friendly neighborhood realtor." For assistance with serious and above-board business pertaining to real estate in Zimbabwe, please contact him via:

Mobile (SMS, GSM calls, instant-messenger): +263 714 729 043