When will the estate be divided amongst the heirs? After the debts and maintenance awarded have been taken from the estate.
Can the balance of the estate be divided among the heirs if the period set for inviting creditors to claim debts has not passed? No!
Can the balance of the estate be divided amongst the heirs if the rights of a foetus who has yet to be born have not been set? No!
Can the deceased's estate be divided before the birth of a child who is due to be born? No! The estate cannot be divided until the rights of the foetus who has yet to be born have been set.
How long after the payment of debts and maintenance, does the executor have in order for him to distribute what is left among the heirs? No specific limit is given, but he is supposed to act within ' a reasonable time'.
Is the executor of the estate entitled to distribute even some of the estate before the debts and maintenance to be paid from it have been settled? No! Only the court has jurisdiction to order the division of a part of the estate before these payments have been cleared.
Is there any time reference regarding when a court can allow some of the estate to be distributed early? Yes – a partial division can be made, at the court's discretion, within 300 days of the deceased's death, providing the estate is of sufficient size.
Can an early division of some of the estate be made even if there are creditors on the scene? Yes! The court has discretion to allow a partial division of the estate even before the time allotted for the creditors to stake their claims has passed – providing that the estate is of sufficient size.
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