J262 — Undertaking and Bond of Security
Source: Department of Justice and Constitutional Development
This form is the property of Department of Justice and Constitutional Development. FillMeIn is not affiliated with Department of Justice and Constitutional Development.
We're still working on auto-fill support for this form. For now, download the blank PDF, print it, and fill it in by hand.
Check back soon — we're adding more forms all the time.
Download Blank PDFJ262 Security Bond Guide — SA
The J262 Undertaking and Bond of Security is a 3-page legal document completed by an executor and their surety (security provider) before the Master of the High Court issues letters of executorship for a deceased estate. The bond ensures the executor properly administers the estate. If the executor mismanages the estate, the surety is liable for any loss. The J262 is typically required when the estate value exceeds R250,000, although the Master has discretion to waive the bond in certain circumstances.
What documents do I need?
- Completed J262 (all 3 pages)
- Certified copies of ID documents of all executors and sureties
- Proof of the surety's assets (to satisfy the Master that the bond is sufficient)
- Letters of executorship issued by the Master (or submitted simultaneously)
- Certified copy of Death Certificate
Step 1: Understand the three pages of the J262
Page 1: The executor's bond — the executor personally undertakes to faithfully administer the estate. Page 2: The surety's bond — a third party (the surety) guarantees the executor's performance. Page 3: The second surety's bond if the Master requires additional security. All pages must be signed before a Magistrate or Commissioner of Oaths.
Step 2: Complete Page 1 — Executor bond
Fill in the estate name, your full names and address as executor, the High Court division, and the Master's office reference number. State the bond amount in figures and words. Provide your postal address (not a PO Box). Sign before two witnesses.
Step 3: Arrange a surety
A surety is a person who guarantees to pay any loss caused by the executor's mismanagement. The surety must have sufficient assets to cover the bond amount. Common sureties include spouses, siblings, or attorneys. The Master may waive the surety requirement for surviving spouses or sole heirs.
Step 4: Complete Page 2 — Surety bond
The surety fills in their full names, capacity, and the estate name. The bond amounts are stated. The surety signs before two witnesses.
Step 5: Complete Page 3 if required
If the Master requires a second surety, the second surety completes Page 3 with their full names, address, and bond amounts. The page is signed before a Magistrate.
Step 6: Submit to the Master
Submit the completed J262 (all required pages) to the Master's Office with all supporting documents. Once satisfied, the Master will issue letters of executorship authorising you to act on behalf of the estate.
What are common mistakes to avoid?
- Not all pages signed — each page of the J262 must be separately signed and witnessed
- Bond amount does not match the estate value — the bond must cover the full estate value
- Surety does not have sufficient assets — the Master may reject a surety who cannot demonstrate adequate financial means
- Signing without witnesses — signatures on each page require two witnesses
What tips will help my application succeed?
- The Master has discretion to waive the security bond for a surviving spouse who is the sole heir — enquire at the Master's Office
- Attorneys, banks, and trust companies can act as sureties for a fee if you cannot find a personal surety
- The bond amount is usually set equal to the total value of the estate assets
- Keep your letters of executorship safe — you will need the original document to access the deceased's bank accounts, transfer property, and deal with financial institutions
Frequently Asked Questions
What is the J262 form?
The J262 is the "Undertaking and Bond of Security" form for deceased estate executors. It is a legally binding guarantee submitted to the Master of the High Court, in which the executor (and a surety if required) undertakes to faithfully administer the estate, pay all debts and claims, and properly account for and distribute the estate assets to the rightful heirs.
When is the J262 required?
The Master of the High Court requires the J262 when: the estate is formal (over R250,000 in assets), the executor is not the sole heir, or the Master determines that a bond is necessary to protect the heirs and creditors. Executors who are the sole heir, enrolled attorneys, or who are expressly exempted by the will may apply for exemption from the bond requirement.
What is a surety and when is one required?
A surety is a person or entity (often a financial institution or insurance company) who co-signs the J262 and guarantees that the executor will perform their duties. The Master may require a surety when the executor is not a professional fiduciary and the estate is substantial. If a surety is required and an individual co-signs, they become jointly and severally liable if the executor misappropriates estate assets.
Can I use a financial institution as a surety?
Yes. Banks, trust companies, and registered insurance companies can act as sureties on the J262. This is often preferable to using an individual as surety. Financial institution sureties typically charge a fee based on the estate value. Ask the Master's office whether an institutional surety is acceptable for your estate.
What is the bond amount on the J262?
Per Regulation 14 of the Administration of Estates Act, the bond amount on the J262 is set at the gross value of the estate assets, providing security against executor misadministration. The Master's office confirms the exact figure based on the asset schedule from the J294 Death Notice. FillMeIn includes a field for the bond amount so you can complete the form correctly once the Master confirms the figure.
Does the J262 need to be signed before a Commissioner of Oaths?
Yes. The J262 contains an undertaking that must be signed before a Commissioner of Oaths. Both the executor and any surety must sign in the presence of a commissioner. You can fill in the form on FillMeIn, download the PDF, then take it to a SAPS station, bank, or attorney for commissioning. Do not sign before visiting the commissioner.
Can an executor be exempted from providing the J262 bond of security?
Yes. An executor may apply for exemption from the bond requirement in the following circumstances: the executor is the sole heir of the estate; the executor is an enrolled attorney (officer of the court); the deceased's will expressly exempts the nominated executor from providing security; or all heirs and creditors consent to the exemption in writing. The Master has discretion to grant or refuse exemption based on the circumstances. An exemption application must be submitted to the Master along with supporting documentation.
What documents are submitted with the J262?
Submit the J262 together with the J294 Death Notice, J190/J155 executor acceptance, death certificate, will (if any), and asset schedule. The Master reviews the full package before issuing letters of executorship. Submit all deceased estate forms together to avoid delays.
Related Justice Forms
- J101 — Application for Maintenance OrderFill J101 / Form A — Application for Maintenance Order — for South African Maintenance Court. Free online or blank PDF. Documents checklist. No signup.
- J294 — Death NoticeFill the J294 Death Notice form online free. Required by the Master of the High Court when someone dies in South Africa. Download completed PDF.
- J190 — Acceptance of Trust as ExecutorDownload the J190 Acceptance of Trust as Executor form. Confirm your role as executor with the Master of the High Court in South Africa.
- J192 — Affidavit for Collection of Small EstateDownload the J192 affidavit for a small deceased estate (under R250,000, Section 18(3)) for the Master of the High Court.
- J155 — Executor Undertaking (Section 18(3))Download the J155 Executor Undertaking (Section 18(3)) form for small deceased estates under R250,000.
- J243 — Inventory of Estate AssetsDownload the J243 Inventory of estate assets form. List immovable, movable, and claims for a deceased estate in South Africa.