Picture this: Baba passes away on a Tuesday morning. By Friday, four different relatives are already at the gate, each armed with their own “version” of the will. One waves a handwritten note, another uncle insists “he promised me the house”, while the children from the first marriage are demanding answers. Meanwhile ,his hospital bills are still to be paid and haven’t been paid in months. The wife is deep in mourning not knowing the drama unfolding.
Nobody is grieving properly. Everyone is lawyering up.
Welcome to the circus that happens when estate administration is ignored.
So What Exactly Is Estate Administration?
Think of it as the referee in the family match when someone dies. It is the legal process that ensures the following:
- What the deceased owned is collected.
- What they owe is settled.
- What remains is passed on fairly, transparently and under proper oversight.
In Zimbabwe, this is governed primarily by the Administration of Estates Act [Chapter 6:01]. It is the law’s way of saying, “No Auntie, you can’t grab the fridge just because you were closest to the deceased.”
Understanding how it works is not just useful for lawyers. It is essential knowledge for every family. So here is how it works.
Step One: Tell the Master. (Within 14 Day!)
The Master of the High Court is the Government’s custodian of deceased estates. Nothing moves until they are notified. Nothing formal can happen – no assets moved, no accounts accessed, no executor appointed without this notification first.
Required documents include the following:
Death Notice (personal details, dependants, Marital Status).
Death Certificate which is the official record of the death.
Inventory of Assets. A list of everything the deceased owned, with estimated values as required under Section 26.
The will (if it exists), must be submitted immediately. That last document or its absence will determine much of what follows.
No Master notification = no legal estate. Period.
The law does not allow for an extended period of family deliberation before anything formal happens. Under Section 5 of the Administration of Estates Act, the surviving spouse or the nearest relative residing in the same household where the death occurred, must notify the Master of the High Court of the death within 14 days.
Step Two: Who Is in Charge? The Appointment of the Executor.
Every estate needs a captain. That is the Executor. This is someone with the legal authority and the legal duty to manage the process. How the executor is appointed depends entirely on whether or notthe deceased left a valid will.
If There Is a Will, the person named becomes Executor Testamentary.
Under Section 25, the Master appoints the person the deceased nominated in their will as Executor Testamentary. The deceased, in effect, chose who they trusted to handle their affairs. The law honours that choice.
If There Is No Will, The Master convenes an edict meeting where relatives nominate someone. That person becomes Executor Dative.
This is where things can become complicated. When a person dies without a will what the law calls dying intestate the Master convenes what is known as an “edict meeting.” Beneficiaries and relatives are gathered, they nominate someone and the Master appoints that person as Executor Dative under Section 26.
Tip for families: Write a will. Otherwise, you are leaving your loved ones to fight it out like contestants on a reality show. So, “who should be in charge” after a death, should be an answer already written down, signed and witnessed not decided at a meeting charged with grief and competing interests.
Letters of Administration: The Key That Opens Every Door
Once appointed, the Master issues the executor with Letters of Administration. Think of this as the Master Key11. It is the executor’s official authority to act on behalf of the estate to open bank accounts in the estate’s name, sell property, collect debts owed to the deceased and settle debts the estate owes.
Without Letters of Administration, an executor has no legal standing. Any person who attempts to act on an estate’s behalf without this document is, quite simply, operating outside the law.
Step Three: The Map; The Liquidation and Distribution Account.
Once the executor is properly appointed, the real work begins. The executor must list every asset, every debt and every liability. This becomes the Liquidation & Distribution (L&D) account.
Think of it as an Estate’s GPS.
All of this is compiled into what the Act calls a Liquidation and Distribution (L&D) Account, as mandated by Section 52.
Liquidation; what assets exist, how they are valued and which will need to be converted to cash to pay debts.
Distribution; a clear, named statement of who inherits what. Which beneficiary gets which house. Which child receives which share. Nothing vague. Nothing verbal.
This document becomes the legal record of the entire estate. It is what the Master reviews. It is what creditors will check. It is what heirs will rely on when they ask: “Where is what was left for me?”
Step Four: The Public Transparency. (Yes, Even Your Estate Goes in the Newspaper)
Here is something most families do not anticipate: the administration of an estate is not a private family matter. Under Section 52(6), once the L&D account is approved, it is advertised in the Government Gazette and a local newspaper for public inspection.
Why? The law requires transparency.
This inspection period serves two important purposes:
It allows creditors to confirm that their debts are being properly accounted for.
It allows interested parties including heirs to raise objections if they believe assets were omitted, values are incorrect or the proposed distribution is unfair.
If someone believes they were left out of an estate they should have inherited from, this is their formal opportunity to say so.
If no valid objections are lodged during this period, the account is confirmed and the executor is authorised to proceed.
Step Five: The Actual Inheritance
Once the inspection period closes without a successful objection, Section 54 authorises the executor to finalise the estate.
In practice, this means:
Creditors are paid, debts settled from available estate funds, in the correct order of priority.
Assets are transferred immovable property like land and houses is formally transferred at the Deeds Registry; movable assets like vehicles, shares and investments are handed over to the named beneficiaries.
Proof is submitted the executor must provide the Master with evidence that every beneficiary has received their inheritance and that all debts have been settled.
Until that proof is submitted and accepted, the executor’s work is not done.
Step Six: The Executor Is Discharged closing and the File.
Once everything is done, the executor is formally discharged. The estate is closed. The final act is the formal discharge of the executor. Under Sections 57 and 58, once the Master is satisfied that the estate has been fully and lawfully administered, the executor is released from their duties.
The file is closed. The estate is finalised. The inheritance has passed from one generation to the next through a process designed not to be fast, but to be right.
The Executor’s Duty (And Why it is Not a Family Popularity Contest).
Executors are fiduciaries. That means they act in the best interests of the estate – not the favourite cousin. If they mess up? The Master can remove them. Worse, beyond removal, a negligent or dishonest executor can face personal liability for any losses their conduct caused the estate.
This is not a ceremonial role. It is one of the most legally consequential positions a person can hold.
The Bottom Line
Death is painful enough. What shouldn’t happen is grief turning into chaos, frozen accounts and relatives fighting over who gets the Television.
The law has a clear process precisely to prevent that. It is methodical. It requires documentation. It demands transparency. And it places real accountability on those entrusted to carry it out.
Whether you are a surviving spouse navigating loss, a family member who has been named an executor or someone who simply wants to make sure their own affairs are in order before the time comes understanding this process is not optional. It is essential.
So before the grief:
Have a valid will.
Know your executor.
Keep your documents safe. before the relatives arrive, before the first phone call is made: have a valid will, know who your executor is and make sure the people you love know where the documents are kept.
Because the greatest act of love is leaving behind order, not arguments.
In Legal Terms:
Report the death to the Master of the High Court within 14 days, with all required documentation.
Ensure the executor is formally appointed and holds valid Letters of Administration before acting on the estate.
Compile a complete and accurate Liquidation and Distribution Account assets, liabilities and distribution as required under Section 52.
Allow the public inspection process to run its course; all objections must be formally addressed.
Engage a qualified lawyer to guide the process, ensure compliance with the Act and protect the interests of all beneficiaries.
Don’t let your estate become family drama. Love your family, but trust the law.