Understanding the Role of the Executor in Estate Property Transactions
In Namibia, when someone passes away and leaves behind a house, flat, or land, questions often arise:
“Can the family sell or rent it out?”
“Who needs to sign the documents?”
“Why does the estate agent need proof from the Master’s Office?”
These are important and common questions — and the answer lies in understanding the legal role of the executor.
At YellowSquare Properties, we often assist families and heirs through this process. Here’s what you need to know about selling or leasing property that forms part of a deceased estate in Namibia.
What is an Executor in Namibia?
An executor is the person legally appointed by the Master of the High Court of Namibia to administer the estate of someone who has passed away. This means the executor is responsible for:
- Identifying and securing all assets,
- Paying debts and taxes,
- Managing or selling property in the estate,
- And distributing the remaining assets to heirs in line with the will — or intestate succession law if there is no will.
The executor’s authority comes from official Letters of Executorship issued by the Master’s Office. Until these are issued, no one has legal authority to act on behalf of the estate — not even family members or heirs.
Why can only the Executor sign a Property Sale Agreement?
In Namibian law, when someone passes away, their property does not automatically transfer to their children or heirs. Instead:
- The property becomes part of the deceased estate, a separate legal entity.
- Only the executor may manage or sell the property on behalf of the estate.
- If anyone else signs a sale agreement — even a spouse or adult child — that agreement is invalid and unenforceable unless the executor has lawfully delegated authority.
This protects all parties:
- Heirs from fraud or informal sales,
- Buyers from uncertainty and legal disputes,
- And agents and attorneys from liability.
The Estate Agent's Role in Property Sales
Estate agents must always:
- Ask for a certified copy of the Letters of Executorship,
- And ensure that the executor is the person signing the sale mandate and offer to purchase.
If no executor has been appointed yet, the estate cannot proceed with a legal sale — even if heirs have agreed.
What about Lease Agreements in a Deceased Estate
The same principle applies to rental agreements:
- Only the executor may sign a lease of a property that forms part of the deceased estate.
- The heirs or family may not rent out the property without the executor’s written consent and involvement.
- If the property was already leased at the time the owner passed away, the lease continues under the control of the executor, who must decide whether to renew, terminate, or manage the lease in the best interest of the estate.
Estate agents should never accept a lease mandate or sign a lease agreement on an estate property without confirming the executor’s authority.
Final thoughts from YellowSquare Properties
Dealing with property after a loved one has passed away can be overwhelming — and the legal process in Namibia is there to protect everyone involved. At YellowSquare Properties, we’re committed to guiding families, heirs, and buyers through estate property transactions with compassion, clarity, and full legal compliance.
If you need help selling or leasing a property that forms part of a deceased estate, make sure you first consult with the Master’s Office and confirm who the executor is. Once the executor is appointed, our agency can help with the rest.