Being named executor of a will, or appointed administrator by the court, is a position of trust with real obligations attached. Representatives frequently accept the role without a clear view of what it involves, and the questions tend to arrive after the grant: what to collect, what to pay first, and to whom accounts must be given. A settled understanding of the duties prevents most of the friction that estates experience.
Who is an executor, and who is an administrator?
An executor derives authority from the will itself and proves it through probate; an administrator is appointed by the court where there is no will, or where no named executor is able and willing to act. The distinction matters for the paperwork and for the title used in filings, but the underlying duties to the estate and its beneficiaries are similar in substance, and the Law of Succession Act, readable through Kenya Law, governs both offices.
What must a personal representative do?
- Collect the deceased’s assets and preserve them, insuring property where appropriate.
- Ascertain and settle the debts, funeral expenses and any taxes properly due.
- Obtain the grant and complete the transmission of property to the beneficiaries.
- Distribute the estate in accordance with the will or the intestacy rules.
- Keep accounts and be ready to explain every payment received and made.
What follows if duties are neglected?
A representative who delays the administration, wastes the assets or distributes the estate improperly can be made to account in the proceedings, and a grant may be revoked in serious cases. Beneficiaries who are kept in the dark can apply to the court for directions, and courts respond to representatives who treat estate property as their own. Diligent record-keeping, a dedicated estate account and regular communication with beneficiaries are the practical protections for anyone holding the office, together with early advice where land or businesses are involved.
Estates with land, companies or disputes among beneficiaries benefit from professional support taken early. The firm acts for executors and administrators, and its governance advisory practice supports family settlements; land transmissions are handled with the firm’s conveyancing team.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.