What are they?
Grant of letters of administration refers to the authority given by
the court to a person in order for them to administer the estate of a person
who may have died without writing a will, or if he did, did not name an
executor or the named executor is unable to act as such for whatever reason.
The Letters of administration are granted by the court to permit and authorize
the administrator to deal with the management and distribution of a deceased
person’s property.
The
procedure for applying for grant of representation is set out in section
51 of the Kenyan Law of Succession Act and Rule 7 to 14 of the Probate and
Administration Rules.
Qualification for applying the letters of administration
Anyone qualifies to apply for the letters of
administration if he/she is an adult of sound mind and not bankrupt.
The court has wide discretion on whom to appoint as
administrator. However, the Law of Succession Act gives an order of preference
to guide the court as follows:
- Surviving spouse or spouses,
- children, father, mother, brothers and sisters and any child of the
deceased’s brothers or sisters,
- other relatives,
- the Public Trustee,
- and creditors.
Under intestacy, the law stipulates that up to four
administrators can be appointed. Therefore, where there are more than four such
eligible applicants, it is upon the beneficiaries to agree which four will be
appointed as the suitable administrators. Most important to note is that the
appointed administrators have no advantage over the other beneficiaries when it
comes to distribution of the property.
The documents to be filed when applying for grant for letters of
administration
In
the first instance, one has to be eligible to apply for the grant as stipulated
in section 66 of the Law of Succession Act which sets out the order of
priority. In the instance many of them qualify, any of them can apply for grant
but this is set to maximum of four only as prescribed in section 56(1) (b) of
the Act. The application for letters of administration is in the form of a
petition, and the applicant is known as a petitioner.
The Law of Succession Act has prescribed forms which are required to form the
petition for letters of administration. In the instant case therefore the
petitioner should fill in application forms attached with the requisite fees to
the High Court Deputy Registrar who will examine the documents and present them
before the judge who will grant. The petitioner shall file the following forms:
- Form P & A form 80 (petition for letters of administration
intestate)
- Form P & A form 5 (affidavit)
- Form P & A form 12 (affidavit of means)
- Form P & A form 11 (affidavit of justification of proposed
suits)
- Form P & A form 57 ( guarantee of personal sureties)
- Death certificate (mandatory)
- Form P & A form 38 (consent form)
It will then be advertised in the Kenya gazette as a
succession cause for a thirty (30) day period whereby any objections from
persons who feel entitled to the estate. Objections are lodged by way of
petition and they suspend the advertisement until their determination. If there
is no objection after thirty days the person whose name appeared on the cause
gets a temporary grant for the administration of deceased’s estate which lasts
for six months during which this person is referred to as ‘personal
representative’ and cannot distribute the estate of the deceased but collects
and preserves the assets of the deceased.
After six months have elapsed from date of deceased’s death, one can petition
the court for confirmation of grant of letters of administration. Notice of
petition or application for grant must be given to every entitled person except
for limited grant.
References
Law of Succession Act, CAP 160
Probate and Administration Rules
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