Three months after the funeral, the family discovers that the bank will not release the account and the lands registry will not transfer the plot without a court order. The plot was bought in the nineties; the account has been frozen since the death. Where there is no will, both problems have the same answer: letters of administration.
What are letters of administration?
Letters of administration are a court grant under the Law of Succession Act (Cap 160) authorising named administrators to collect, preserve and distribute the estate of a person who died intestate, or who left a will that named no capable executor.
What are the steps in the application?
- Obtain the death certificate and gather the estate and beneficiary documents.
- Prepare the petition, supported by affidavits and the consent of the family members who rank ahead in priority.
- File the cause in the court with jurisdiction, for many Nairobi estates, the Family Division of the High Court or a magistrates’ court.
- Publish notice of the petition in the Kenya Gazette, available through Kenya Law.
- Allow the statutory objection period (commonly 30 days) to run; if no objection is lodged, the grant issues.
- Apply for confirmation of the grant and complete the transmission of assets.
Who may apply, and who must be involved?
Priority follows the statutory scheme: a surviving spouse ranks first, followed by other beneficiaries in the order the Act sets out. Because beneficiaries are entitled to notice or must consent, the application should involve the family rather than a single member acting alone. Disputes over who should administer are a common source of delay, which is why early family agreement matters.
How long does the process take?
An uncontested cause can conclude within several months once the papers are in order. Objections, missing beneficiaries or defective documents extend the timeline considerably. CS Advocates LLP guides administrators through each stage of the process; see our practice areas and about the firm.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.