Procedure for Obtaining Letters of Administration in Kenya

Overview

When a person dies intestate (without a valid will), their estate must be administered by a court-appointed personal representative. This is done through the process of applying for letters of administration, which legally authorizes a person (or persons) to manage and later distribute the deceased’s estate in accordance with Kenyan succession law.

Step-by-Step Process

1. Filing the Petition

The process begins with the filing of a Petition for Grant of Letters of Administration Intestate at the High Court (Family Division) or at designated Magistrates’ Courts depending on the value of the estate.

The following documents must accompany the petition:

• Letter from Area Chief confirming the deceased's dependants and next of kin.
• Affidavit in Support (Form P&A 5) detailing the deceased’s assets, liabilities, and dependants.
• Affidavit of Justification of Proposed Administrator(s) (Form P&A 11) showing capacity and suitability.
• Affidavit of Justification by Sureties (Form P&A 12) sworn by two sureties guaranteeing faithful administration.
• Consent to Petition (Form P&A 38) signed by other persons equally entitled to apply for the grant.

2. Gazettement

After filing, a notice is published in the Kenya Gazette to notify the public of the petition.

• A 30-day objection period follows during which any person may file an objection.

3. Issuance of Grant

If no objections are filed, the court will issue the Grant of Letters of Administration.

• This grant allows the administrator(s) to collect and manage the estate but not to distribute it yet.

4. Confirmation of Grant

Under Section 71 of the Law of Succession Act, the administrator must apply for confirmation of the grant after six months.

• A Schedule of Distribution (Form P&A 15) must be filed outlining how the estate will be shared.
• The court must approve the distribution plan, ensuring fairness and compliance with the law.

 Early Confirmation: The court may allow early confirmation in compelling circumstances, such as urgent financial needs or perishable assets.

Key Legal Considerations

• Due Diligence: Administrators must accurately disclose all estate assets and identify all beneficiaries.
• Consent: All beneficiaries or co-petitioners must provide informed consent to avoid future disputes.
• Accountability: Administrators owe fiduciary duties to the estate and may be held personally liable for mismanagement.
• Dispute Resolution: Disputes arising from objections, omission of beneficiaries, or contested distribution are handled through the Family Division of the High Court.

Conclusion

The administration of intestate estates in Kenya is a structured process governed by the Law of Succession Act (Cap 160). Proper compliance with the legal requirements ensures efficient management and fair distribution of the deceased’s estate.

We advise clients to seek legal guidance early in the process to avoid delays, errors, or disputes—especially where the estate involves land, multiple beneficiaries, or complex family dynamics.

For further assistance or to begin the petition process, please contact Us - drop a comment at the "Comment Section" below.