Lega Procedure for Petitioning for Letters of Administration in Kenya

In Kenya, when a person dies intestate (i.e., without leaving a valid will), their surviving dependants—such as a spouse, children, or other close relatives—may apply to the High Court (Family Division) for letters of administration to enable them to manage the deceased's estate under the provisions of the Law of Succession Act, Cap 160.

Step 1: Filing the Petition

The process begins with the filing of a Petition for Grant of Letters of Administration Intestate. This petition is lodged by one or more of the deceased’s surviving dependants (as defined under Section 29 of the Law of Succession Act) and must be accompanied by the following documents:

Mandatory Documents:

1. Letter from the Area Chief

   • This letter identifies the deceased and lists all known dependants, specifying their relationship to the deceased.

   • It serves to confirm community knowledge of the deceased’s death and family structure.

2. Affidavit in Support of the Petition (Form P&A 5)

   • This affidavit must disclose the full inventory of the deceased’s assets and liabilities, including land, bank accounts, shares, debts, etc.

   • It also lists all known dependants and their details—names, ages, and relationship to the deceased.

3. Affidavit of Justification of Proposed Administrator(s) (Form P&A 11)

   • This document sets out the qualifications and financial standing of the proposed administrator(s).

   • It assures the court that the administrator is competent and capable of managing the estate.

4. Affidavit of Justification of Proposed Sureties (Form P&A 12)

   • Sworn by two individuals who agree to act as sureties for the proposed administrator(s).

   • The sureties must undertake to compensate the estate for any losses incurred due to the administrator's failure to discharge their duties properly, up to a specified financial limit.

5. Consent to Petition (Form P&A 38)

   • All other persons who are equally entitled to apply for the grant must sign this form.

   • The purpose is to confirm that they have no objection to the proposed administrator(s) proceeding with the petition.

 Step 2: Gazette Notice and Waiting Period

Once the petition is filed, the court will cause a notice of the petition to be published in the Kenya Gazette, as required under Rule 7(4) of the Probate and Administration Rules. This notice serves as a public announcement of the intention to obtain letters of administration.

• A 30-day objection period follows, during which any person with a legitimate claim or objection may file an objection to the grant.

• If no objection is filed within this period, the court may proceed to issue the grant of letters of administration.

 Step 3: Grant of Letters of Administration

The initial grant authorizes the administrator(s) to collect, preserve, and manage the deceased's estate but does not permit distribution of the estate to beneficiaries.

Step 4: Confirmation of Grant

To distribute the assets to the rightful heirs, the administrator(s) must apply for confirmation of the grant under Section 71 of the Law of Succession Act, after the lapse of six months from the date of the initial grant.

• During this process, the administrator submits a Schedule of Distribution (Form P&A 15) showing how the estate is proposed to be distributed among the beneficiaries.

• The court must be satisfied that all beneficiaries are accounted for and that the distribution is fair and in accordance with the law.

⚖️ Note: In exceptional or urgent cases, the court may confirm a grant before the expiry of six months, where compelling reasons exist (e.g., health, education needs of beneficiaries, perishable estate assets).

 Legal Framework:

This process is governed primarily by the Law of Succession Act (Cap 160) and the Probate and Administration Rules made under it. It seeks to ensure that the estates of deceased persons are administered fairly, transparently, and in accordance with the law.

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