The process starts as follows:
A Petition is filed in Court by surviving dependants of the deceased such as a spouse or child in order to obtain letters of administration over the property of a deceased person.
The Petition filed in Court is accompanied by the following documents:
I. A letter from the local area administration such as Area Chief giving particulars of the deceased dependants.
II. An affidavit giving sufficient details to identify the assets and liabilities of the deceased together with particulars of the deceased dependants, their relation to the deceased and their ages.
III. An affidavit of justification of proposed administrator(s) which states the net worth of the proposed administrators.
IV. An affidavit of justification of proposed sureties sworn by two people acting as sureties of the proposed administrator(s) with the sureties executing a guarantee that they will make good any loss which the estate of the deceased may suffer if the administrator breaches his/ her duties in the administration of the estate to a set limit.
V. A Consent by all persons that are also legally entitled to obtain the grant of letters of administration indicating that they have agreed to the Petition.
- Once filed in court, a Petition is published in the Kenya Gazette as notice to members of the public of an application for grant of letters of administration.
- A 30-day period is provided during which an objection may be made to the grant of the letters of administration to the Petitioner.
- Such grant gives the administrator power to manage the assets of the deceased but not the power to distribute the assets.
- To get the power to distribute the assets, the letters of administration have to be confirmed by the Court. Such confirmation is done after the lapse of a period of six months from the date of issue.
- However, the courts will in compelling cases (depending on the circumstances of the case) confirm a grant before the lapse of six months.
Courtsey of : AIP
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