08/11/2019
LETTERS OF ADMINISTRATION.
These are granted by a Court to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
How to obtain Letters of administration (where a person died without leaving a will)
If the person applying is not the widow of the deceased, then that person must first obtain a Certificate of No Objection from the office of the Administrator General.
A person presents a Petition to court praying for a Grant of Letters of Administration.
The notice of the petition will then be advertised in the newspapers for a period of 14 days.
A person who has a reason as to why the petitioner should not be granted the Letters of administration may lodge a Caveat in court.
If no caveat is lodged, then the petitioner will be granted Letters of administration by court.
Who can petition for Letters of Administration?
Any person of the age of twenty one years or above who is also of sound mind and is related to the deceased either by blood or by marriage.
Where should a petition for Letters of Administration be filed?
The petition should be filed in the court with jurisdiction where the property of the deceased is located.
If the property of the deceased exceeds fifty (50) million shillings then the petition must be filed in the High Court.
If the property of the deceased does not exceed fifty (50) million shillings then the petition may be filed in the Chief Magistrates Court.
How to obtain a Grant of probate (Where a person died and left a will)
A person presents a Petition to court praying for a Grant of Probate.
The procedure followed hereafter is similar to the procedure laid out above.
