> How to apply for Administration where there is no will

> How to apply for Administration where there is no will

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1.   Grant of Letters of Administration with will annexed

This is a Grant issued where the Testator made a will but did not appoint an Executor, the Executor passed away or the Executor declines to administer the estate.

Who can apply for letters of Administration

Section 66 of the Law of Succession Act provides for the following qualifying persons in order of priority to apply for Letters of administration:

     i.        surviving spouse or spouses;

    ii.        Children;

   iii.        Parents;       

   iv.        brothers and sisters, and any child or children of deceased brothers and sisters,;

    v.        half-brothers and half-sisters and any child or children of deceased half-brothers and half-sisters;

   vi.        Other relatives e.g. uncles, aunties, cousins etc.;       

  vii.        the Public Trustee; and

viii.        Creditors.

Section 56 of the Law of Succession Act provides that a grant of representation cannot be issued to more than four persons for the same property.

Where to apply for letters of representation

Section 47 and 48 of the Law of Succession Act provide that the High Court and Magistrate Court have jurisdiction to hear Succession matters. However, the Magistrate Court is limited to hearing matters where the value of the deceased’s property is less than 20 million shillings as per Section 7 of the Magistrates Court Act.

Process

i. Apply for grant of Letters of administration with will annexed through a Petition (form 78) together with a supporting affidavit
ii. Attach the following:

• the original will and 2 copies of the will
• the deceased’s death certificate
• full inventory of assets and liabilities of the deceased at the time of death
• list of all surviving spouse (s) and/or children and dependants

iii. The application will be advertised in the gazette
iv. If no objections are raised before 30 days lapse, a grant of letters of administration are issued
v. Within 6 months of the grant of letters of administration, the Administrator should apply for a confirmation of grant.

2.   Grant of Letters of Administration intestate

This is a Grant issued where a person passes away without a will. An Administrator is appointed to administer a deceased’s estate.

Who can apply for letters of Administration

Section 66 of the Law of Succession Act provides for the following qualifying persons in order of priority to apply for Letters of administration:

     i.        surviving spouse or spouses;

    ii.        Children;

   iii.        Parents;       

   iv.        brothers and sisters, and any child or children of deceased brothers and sisters,;

    v.        half-brothers and half-sisters and any child or children of deceased half-brothers and half-sisters;

   vi.        Other relatives e.g. uncles, aunties, cousins etc.;       

  vii.        the Public Trustee; and

viii.        Creditors.

Section 56 of the Law of Succession Act provides that a grant of representation cannot be issued to more than four persons for the same property.

Where to apply for letters of representation

Section 47 and 48 of the Law of Succession Act provide that the High Court and Magistrate Court have jurisdiction to hear Succession matters. However, the Magistrate Court is limited to hearing matters where the value of the deceased’s property is less than 20 million shillings as per Section 7 of the Magistrates Court Act.

Process

i. Apply for letters of administration through a Petition (form 80) together with a supporting affidavit
ii. Attach the following:

• Form 11-Affidavit of justification by Proposed sureties
• Form 12-Affidavit of justification by Proposed administrator
• Form 57-Guarantee of personal sureties
• Certified copy of the death certificate
• Applicant’s identity card
• A letter from the area chief listing all the beneficiaries to the property, their ages and relationship with the deceased
• Identity cards of all sureties
• Proof of ownership of the property of the deceased e.g. Title deeds, logbooks, share certificates etc.

iii. The application will be advertised in the gazette
iv. If no objections are raised before 30 days lapse, letters of administration are issued
v. Within 6 months of the grant of letters of administration, the Administrator should apply for a confirmation of grant.

 

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