{UAH} Obtaining Letters of Administration

Obtaining Letters of Administration

By mutebi Joseph

How to obtain Letters of administration.

(where a person died without leaving a will)

If the person applying is not the widow of the deceased, then that person must first obtain a Certificate of No Objection from the office of the Administrator General.

A person presents a Petition to court praying for a Grant of Letters of Administration.

The petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on.

When filing the petition in court, the requisite filing fees  must be paid in the bank and evidence of payment attached to the petition.

The notice of the petition will then be advertised in the newspapers for a period of 14 days.

A person who has a reason as to why the petitioner should not be granted the Letters of administration may lodge a Caveat in court.

If no caveat is lodged, then the petitioner will be granted Letters of administration by court.

Who can petition for Letters of Administration?

Any person of the age of twenty-one years or above who is also of sound mind and is related to the deceased either by blood or by marriage.

Where should a petition for Letters of Administration be filed?

The petition should be filed in the court with jurisdiction where the property of the deceased is located.

If the property of the deceased exceeds fifty (50) million shillings then the petition must be filed in the High Court.

If the property of the deceased does not exceed fifty (50) million shillings then the petition may be filed in the Chief Magistrates Court.

How to obtain a Grant of probate (Where a person died and left a will)

A person presents a Petition to court praying for a Grant of Probate.

The procedure followed hereafter is similar to the procedure laid out above.

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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