Cost of Letter of Administration in Kenya.

What is the Cost of a Letter of Administration in Kenya?

In Kenya, a letter of administration is a legal document issued by the High Court to authorize someone to act as the administrator of the estate of a deceased person who did not leave a will.

The letter of administration gives the administrator the legal authority to manage and distribute the deceased person’s assets and liabilities in accordance with the law.

The letter of administration is usually issued to the deceased person’s next of kin or a close relative, and the process of obtaining it involves applying to the High Court.

The application must include details about the deceased person’s assets and liabilities, as well as the names and contact information of all potential beneficiaries.

Once the High Court is satisfied that the application is valid, it will issue a letter of administration to the appointed administrator.

The administrator can then proceed to collect the deceased person’s assets, pay off any outstanding debts, and distribute the remaining assets to the beneficiaries in accordance with the law.

Requirements For Administration Of Estates

SERVICES OFFERED		REQUIREMENTS FROM  CUSTOMERS	CHARGES	TIMELINE
1. Opening of an estate file		•   Two certified copies of the death certificate •   Report of Death Form (Signed and witnessed) •   Certified copies of National Identity Cards/Birth Certificates •   Copies of title documents/Log Books/Share Certificates •   Details of bank accounts and other investments	Kshs.2,500.00 administration deposit for estates where no funds have been received by the Public Trustee	2 days
2. Advertisement for notice of claims		•   Timely submission of list of heirs •   Consent forms (Signed and witnessed) •   Co-operation from the heirs	Varied (Paid from the estate account)	30 days
3. Preparation of  Certificates of Summary Administration of estates whose gross  value is Kshs.3,000,000/- and below		•   Requirements in (1) and (2) above •   Full disclosure as to the actual value of the estate •   Valuation of immovable assets	Nil	7 days
4. Petition for Grant of Letters of Administration		•   Requirements in (1) above •   Full disclosure as to the actual value of the estate •   Valuation of immovable assets	An average of Kshs.1,200/- per estate paid from the estate account	7 days
5. Application for Confirmation of Grants of Letters of Administration		•   Consent Forms for Confirmation of Grant (signed and witnessed) •   Consent Forms to the mode of distribution (signed and witnessed)	Kshs.825/-paid from the estate account	7 days
6. Preparation of documents for the transfer of assets		•   Original Title documents/Share Certificates/Log Books •   Requirements in (3) or (5)above	Varied and paid  from the estate account	7 days
7. Distribution of Estates		• Discharge and Indemnity (signed and witnessed)  • Requirements in (3) or (5) above	12% on first Kshs.4,000/- 7% on the next Kshs.6,000/- 5% on next Kshs.80,000/- 4% on next Kshs.300,000/- 2% on next Kshs. 600,000/- 1% on the balance	A The distribution Account shall be drawn within 15 days
			(Public Trustee fees payable on finalization)
8.	Handing over of estates to Administrators	•   Indemnity and Discharge (signed and witnessed) •   Certified copy(ies) of the National Identity Card of the administrator/s •   Copies of Petition for Letters of Administration documents certified by the court of filing •   Original Kenya Gazette Notice or copy of Gazette Notice certified by the court of filing •   Letter from the administrator/s requesting for handing over •   Certified copy of the Grant of Letters of Administration certified by issuing court •   Report of Death Form (signed and witnessed) •   2 certified copies of the Death Certificate •   List of heirs from the Deputy County Commissioner •   A copy of the receipt for filing the Petition certified by the issuing court	There is no fee charged but in cases where the heirs have consented to the administration of the estate by the Public Trustee, fees are charged at half  the rate indicated at (7)	A Handing Over  Account shall be drawn within 15 days

 

How to Apply For Letters Of Administration in Kenya

To apply for letters of administration in Kenya, follow these steps:

1. Identify the appropriate court: The application for letters of administration should be made to the High Court of Kenya in the area where the deceased person lived or where their assets are located.
2. Gather necessary documents: You will need to gather the following documents:
3. The death certificate of the deceased person
4. An affidavit from one of the applicants stating their relationship to the deceased person
5. An inventory of the deceased person’s assets and liabilities
6. A list of potential beneficiaries and their contact information
7. Any other relevant documents, such as a will (if there is one)
8. Fill out the application form: The application form for letters of administration can be obtained from the High Court or downloaded from their website. The form must be filled out completely and accurately.
9. Apply: The application form, along with all necessary documents, should be submitted to the High Court. You may need to pay a filing fee.
10. Attend a hearing: After you apply, the court will schedule a hearing. You and any other interested parties will need to attend the hearing.
11. Receive the letters of administration: If the court is satisfied with your application, they will issue the letters of administration. These letters will authorize you to manage and distribute the deceased person’s assets in accordance with the law.

It’s important to note that if there are minor beneficiaries involved, the court may appoint up to two adult relatives to hold the property on their behalf until they become adults. However, if the public trustee is appointed as the administrator, they may act as the sole administrator.

How Long Does Letter Of Administration Take In Kenya?

In Kenya, the process of obtaining letters of administration can take several weeks to several months, depending on various factors such as the complexity of the estate and any objections raised by interested parties.

Once the application for letters of administration is submitted to the High Court, it may take several weeks for the court to schedule a hearing.

After the hearing, the court will issue an order for the grant of letters of administration, which must be published in the Kenya Gazette for at least 30 days to allow time for any objections to be raised.

If there are no objections raised during the gazette period, the court will issue the grant of letters of administration to the administrator within a few days after the 30 days has expired.

The entire process of obtaining letters of administration can take anywhere from a few weeks to several months, depending on the specific circumstances of the case. It’s important to seek the guidance of a legal professional to ensure that the process is carried out correctly and efficiently.