How many Administrators are required by law?

The maximum number of Administrators is a statutorily prescribed four (4) persons. Section 56 of the Act provides that a grant of representation cannot be made to more than four (4) persons in respect of the same property.

Where property is devolving upon a minor and a continuing trust arises, section 58 of the Act provides that no Grant of Representation can be issued to a sole Administrator, there must be two (2) or more administrators in such a case. 

By law in Kenya, the maximum number of administrators (i.e., persons appointed to administer a deceased person's estate) is four, and the minimum depends on the circumstances:

⚖️ Maximum Number of Administrators

• Section 56(1)(b): No grant of representation may be made to more than four persons in respect of the same property
• Probate & Administration Rule 25(6) also limits grants to one person or jointly to no more than four individuals

➡️ Conclusion: Maximum of 4 administrators per estate grant.

• Maximum of four: Whether appointed by will or under intestacy, no more than four individuals may be granted legal authority over the same estate property
• Maximum: 4 administrators, always (per Section 56 and Rule 25).
• Minimum of two: If the estate involves a continuing trust—for example, due to a surviving minor—the law requires at least two administrators.

• Minimum:
• 1 in standard estates,
• 2 when a continuing trust exists—such as where minors or a surviving spouse's life interest is involved.
• Exception: Public Trustee or trust corporation may be sole administrator even in continuing trusts.

⚖️ Minimum Number of Administrators

1. Standard (Non-Trust) Cases

• No statutory minimum for standard estates. A grant may be made to a single person (e.g., executor or administrator) .

➡️ Conclusion: 1 administrator is sufficient in most non-trust situations.

2. Continuing Trust Cases

When the estate involves a continuing trust—including interests for minors or a life interest of a surviving spouse—the rules are stricter.

• Section 58(1)(a): If a continuing trust arises, no grant shall be made to one person alone, except if the person is the Public Trustee or a trust corporation
• Section 58(2): If single-person grant is made but a continuing trust exists, the court must appoint the applicant and at least one other, up to a total of three additional persons (so minimum 2, maximum 4) .
• Section 75A(1): If, after granting letters to a sole administrator, a continuing trust then arises, that person must apply to add 1 to 3 more administrators within three months .
• Section 84: Confirms that administrators act as trustees in cases of continuing trust (e.g., for minors or surviving spouse)

➡️ Conclusion: When a continuing trust arises, the law requires at least 2 administrators (up to 4).

🖋️ Legal References:

• Law of Succession Act, Section 56(1)(b) – maximum number
• Rule 25(6), Probate & Admin Rules – supports max four
• Section 58(1)(a) & (2) – continuing trust necessity
• Section 75A(1) – adding administrators during trust
• Section 84 – roles in continuing trust contexts