Outline
- Application for probate
- Application for letter of administration
Meaning of non contentious proceedings matters are judicial acts which do not involves formal hearing or appearance of the court
-Grant of the presentation of estate other than small estates
-The court which have the jurisdiction to grant the representation of estate other than small estate are the high court or the district delegated appointed for the deceased t the time of his death and fixed place of
– The grant of probate
Probate is executed only to the executer appointed by will. The appointment can be expressed implementations after expiry of seven days from the day of testator death.
-in case of an oral will, probate may be granted of the contents of an oral if it can be established by the executer section 25(7)
-if the executer is appointed by the will for limited purpose only probate shall not be granted to him except to that purpose.
MEANING OF PROBSTE ACCORDING TO BLACK LAW DICTIONARY
Is a judicial procedure by which aa testator document is established to be a valid will. Proving of a will to the satisfaction of the court
Section 2(1) of the probate and administration of estate act defines probate as the COPY of a will in the case of oral will testament of the certificates under the seal of the court a grant of administration to the testator
IMPORTANCE THINGS TO CONSIDER WHEN APPLYING FOR PROBATE
1). Marking of the will
– signature of the petitioner
– witness to the will verify the petitioner or where the verify of such witness has been disposed with the deponent of affidavit
2. Verification of petition
-the petition must be verified by the petition and his and her admin if any and at least one of the witnesses to will
-section 57(1)
-of petition by attesting witness is made in the form prescribed in form 19
First schedule of the probate
-human the court may disrespect by witness when it is satsfication that it can not be obtained or that is can be without delay such section 7(2)
– Application for rule s 7 and 56 of probate rules and an application should made by a way of chamber summons supported with affidavit
3. Translation of Will
– where the last will of the deceased is written in languages of the English such as will must be translated in to English by a person competent translate same
-such translated will must writhen by affidavit supported by chamber summons supported with affidavit a person making it in then same form number 02 of the first schedule of probate rules
4. Granting in additional name whether it is necessary in a grant of representation to deserve the desire by same name in adelite to his true name name the petition regeared together has potion affidavit guys the true name of the deceased and the of nuclear of another name grant
5. delay of application
-encase a petition makes an application for probate for the first time after expiration of three years from death of the deceased the petition must content a statement explaining the delay rule 31 (1)
-if it appears to the court that the explaining in the petition is unsatisfactory unsats factory the cut may regard father proof of the alleged cause of delay as it fit
CITATION to take OUT PROBATE
-general citation a person by form no 58 set out first schedule
-whether a general citation is public no probate of a will shall be granted until after the expires of further clear days from the deals a last publication of such citation unless no connect or objection has been lodged day that period. Rule 76 of rules
-the memorandum by register shall be consuls as prima facie evidence that was insert in the issue of rule 12 (2)
6. Administration of Bond
Any person to whom probate is granted must give a bond in order to be getting in and get to be administrator of the estate
-The administrator shall be in the approve form presented in form number 48 or 49 section first schedule of probate rules.
-The bond must be signed by the administration and who except whom on the otherwise orders shell be two in number
-the signature of the admin shall be attached by a pen before whom as affidavit may be sworn
-For public trustees the administration and trust cooperation other than rules trustee are refuses for grant of representation there is no need for the administration exempt the court otherwise
–FOR CORPARATE
-Surely Shall be filled on an affidavit in form presence form 50 set first schedule of the probate rules
7. Order Disposing with Bond or sureties
The court may so see good reason for disposing of bond or sureties of both particular cases
-the applicable for an order of disposing with a bond or sureties of both for order accepting are surely instead of two shall made by chamber summons supported with affidavit reasons while the order applied for shall be made
-the application must be made together with the application supposed to be lodged to the court except administrative bond
8.Assignment of administration of bond
The assignment of administration is provided under section 68 of the act
1.the court may an application made by the petition and on being satisfied that the engagement of any such bond has not………………………
An application for an order to assign an administration and bond is made by a way of petition in the form prescribed in form 51 set out in the first schedule of the probate rules signed by the applicant and his educate if any and verified by the applicant rules on section 68(1)
The copy of petition will be served upon the administering and each of the sureties rule 68(2)
The petition shall be heard on date and time appointed by the register section 68(3)
A notice of hearing date is in the form prescribed by section 52 out in the first schedule of the probate rules and it shall be seen on the petitioner and each of the person upon when a copy of a petition is regard to be seen
-an order for assigning a bond is in the form prescribed in form 53 set at first schedule of probate rules.
10.Certificate of surety’s and financial position
The sureties are regard to exhibit certificate of surely position before the court
-the certificate as to the sureties’ financial position is in form of prescribed form number 54 first schedule and after is sworn in rule 69(1)
-however, no certificate has surely for position shall be granted where on rule 69(2)
11.Justifiction of sureties
There are some circumstances that sureties are regard to justify their surety. These are circumstances include where application is made for grant of probate for the use and benefits of a person of unusual mind rule nu 70(b)
12. The probate form
Once all procedures have been followed by the petitioner of the grant of probate of other than small estate the grant the grant of the probate rules and it must be signed by the register and sealed. Section 24 of the Act rules 84 of the probate rules
PROCEDURES FOR GRANT OF PROBATE
Step 1; the responsible person are supposed to register the death of the deceased person at the office of the register which is in district commissioner office with in 30 days
-if the days have collapsing without registering the said death the responsible person obliged to go to such to such offense
Step 2; One the death has been register the applicants may file a lease in the court for probate with attachments of directors will and death certificate of the deceased person
Step 03; once the death has been register the applicants may file a probate in the courts for probate with attached of last directions will and death certificates of deceased person
But before going to court
è1 identify applicable laws
èidentify proper court forum
èlaws applicable and proper forum depends on issues that effects jurisdictions in probate
They are
– value of the estate
– place of birth of the diseased
– social state of the deceased
APPLICATION OF PROBATE IS MADE BY A WAY OF PETITION WITH THE WILL or the case where a written will has been last or misplaced after the death of the testate
DRAFTING
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE ………………………………………………..
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
………………………………………………
PETITION FOR BROBATE
- I, ………………………………………. of Postal Box 1510 Moshi- Tanzania do hereby petition this Honourable Court for a grant of Probate of the will of …………………………………………. deceased of Postal Box 1510 Moshi- Tanzania who died atJAFFERY CHARITABLE MEDICAL SERVICES DISPENSARY, Moshi within Kilimanjaro regionon the 28th day ofAugust, 2023.
- The writing hereunto annexed and marked as “ANNEXURE SKS 001” is the last Will and testament of the said ……………………………………………………………. and was dully executed by him.
- This petition is made by me as the person named in the said will as the executor thereof and I believe that the gross assets which are likely to come to my hand will be as follows;
- Plot with a house jointly owned with SUNIL KACHRA SHAH with Tittle Number ………………….., Block k Section II Moshi Municipality Sekou Toure road.
- EXIM BANK MOSHI BRANCH ACCOUNT No. 00……………………….. With the name of _________________________________
- I&M BANK MOSHI BRANCH ACCOUNT No. 300……………………………….with the name of ………………………………………………
- I&M BANK MOSHI BRANCH ACCOUNT No. 300…………………………………………. with the name of ……………………………………………………
- I believe that the gross assets which are likely to come in my hands will be assets exceeding five hundred million.
- The said deceased died testate on the 28th day of August, 2023 at Moshi where at his time of the death had fixed place of abode at Moshi Municipality Within Kilimanjaro Region and/or property within the jurisdiction of this Honourable Court. (A copy of the Certificate of Death is annexed hereto and marked as “ANNEXURE SRS 002”.
- The said deceased was a Tanzanian and professed Muslim.
- No proceedings for the grant or Probate or Letters of Administration or otherwise for the administration of the estate of the said deceased have been commenced before any Court or Authority, whether inside Tanzania or outside it.
- And I the said ……………………………………. above-named declare that what is stated above is true to the best of my knowledge, information and belief.
Dated at Moshi this _____ day of December, 2023
____________________
PETITIONER
_____________________
PETITIONER’S ADVOCATE
DRAWN & FILED BY:
MANDELA MZIRAHI, ADVOCATE
GAME STONE ATTORNEYS
KILIMANJARO,
FLOOR 2, ROOM NO.,
OPPOSITE WITH TRA ,
P. O. BOX…………….,
MOSHI-TANZANIA
MOB: ./……………………..
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE ……………………………………
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
……………………………………….
VERIFICATION OF PETITION FOR PROBATE
(Section 57(2) and Rule 34)
I, ……………………………………. of P.O. Box 1510 Moshi, as the witness to the last will and testament of the testator mentioned in the petition for probate made by ………………………………… and dated ____ Day of ________ 2023.
I was present and saw the testator affix his signature thereto and the testator acknowledges the writing to the above petition to be his last will and testament in my presence.
Dated at Moshi This ________ Day of ___________ 2023
____________________
Witness to the declaration
BEFORE ME:
NAME: ________________________________
ADDRESS: ____________________________
SIGNATURE: __________________________
DESIGNATION: COMMISSIONER FOR OATHS
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ___________ OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE ______________________________
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
________________________________-
AFFIDAVIT AS TO DOMICILE
[Rule 64]
I, ______________________________ of P.O. Box 1510, Moshi, hereby solemnly affirm and say that I knew and was well acquainted with ___________________________________- of P.O. Box 1510, Moshi, deceased, who died, on the 28TH day of August, 2023.
I further say that the said deceased was at the time of his death domiciled in Kilimanjaro Region, At Moshi Municipality and he had immovable property in Kilimanjaro Region and he always expressed to me a desire to stay in Kilimanjaro Region permanently.
That I do hereby verify what is stated above is true to the best of My knowledge and beliefs.
AFFIRMED at Moshi by the said
______________________________-
who is known to me personally/
introduced to me by
_________________________ _______________
The latter being known to me DEPONENT
personally
this ___ day of December 2023
BEFORE ME:
NAME: ________________________________
ADDRESS: ____________________________
SIGNATURE: __________________________
DESIGNATION: COMMISSIONER FOR OATHS
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE ______________________________________________________
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
_____________________________________
EXECUTOR’S OATH
(Section 67, Rule 66)
I, _________________________________- of P. O. Box 1510 Moshi hereby make oath and say that I will faithfully administer the property and credits of the above-named deceased person by paying first his just debts and then distributing the residue of his estate according to the law, so far as the said assets will extend, and that I will make and exhibit a full and true inventory of the said property and credits in this Court within six months from the date of the grant to be made to the or within such further time as the Court may from time to time appoint, and I will also render a true account of our administration to this court within one year from the same date or within such further time as the Court may from time to time appoint.
AFFIRMED at Moshi by the said
____________________________
who is known to me personally/
introduced to me by
_________________________ _______________
The latter being known to me DEPONENT
personally
this ___ day of December 2023
BEFORE ME:
NAME: ________________________________
ADDRESS: ____________________________
SIGNATURE: __________________________
DESIGNATION: COMMISSIONER FOR OATHS
GRANT OF PROBATE OF COPY OR DRAFT A WILL
There are two circumstances in which a grant of probate to a copy draft of a will may be made
1>if the written will has been lost or misplaced or destroyed refer to section 25(1)
2>where the written will is in the person outside Tanzania if he refuses to deliver it, we refer the same section 25(1)
When will has been lost or destroyed or misplaced we draft
DRAFTING FORM, NO 21
IN THE UNITED REPUBLIC OF TANZANIA
IN THE HIGH COURT OF TAZANIA
AT DAR ES SALAAM
PROBATE AND ADMINSTRATION CASE NO________OF 20___
(In the matter of estate of the late deceased)
In the matter of application petition for probate
PETITION FOR PROBATE OF A LOST WILL
Petition will be as appeared on the same as oral will have that paragraph 2(1) i will be as follows
The said deceased made duly executed has lost will and testament hearing dated _________________–of 20_______________
At the time of death of said deceased the of the will was valued and unreliable but since the death of the said lost and cannot be fraud or will destroyed _________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Annexed hereto and make A is affidavit of testate
LETTER OF ADMINSTRATION
According to black law dictionary define the meaning of letters of administration to mean the management and settlement of the estate of an intestate deceased or if a testator who has no executor by a person legally appointed and supposed by the court
Therefore
The letter of administration is a document sealed by the court and issued to the person appointed to administering the estates of the deceased persons when there is no execution or no executer is able and willing to act
PETITION FOR PROBATE OF ORAL
IN THE UNITED REPUBLIC OF TANZANIA
AT DAR ES SALAAM
PROBATE AND ADMINSTRATION
CASE NO_______________OF_______
In the matter of the estate of the late name of deceased
And
In the matter of appeal for petition
PETITION FOR PROBATE OF LETTER FOR ORAL
(made under section 25 of probate and administration of estate Act Rule no 35 of the probate rules)
I _________________________________here by petition annexed court for probate of the will of deceased who died at ______________day of ______________2020
2.the said deceased made the oral will the terms whereof and the circumstance in which it was made stated in the affidavit of__________________________ day of _________________20_____________here to and marked as A
The court may as the case may be regard the petitioner to produce to produce further evidence by an affidavit or other for the purpose of satisfying it self of the existence of the will to it terms or the circumstance under which it was made
PROCUDURE TO FOLLOW WHEN WILL IS IN POSSECION OF ANOTHER PERSON
-In such situation or circumstance the petition is made in the prescribed form no 22 of the probate rules the petitioner is regard to apply for probate supported by an affidavit that the copy is an accurate copy of the original will and primary that such person has refused or neglect to its rules on 31(1) (a) and (b)
-a) an affidavit as to the examine of original will by one of the witness who attested the origin will or if not such witness is may be available from any other person who was presented to testify as the fact
-b) an affidavit of the content will be to any person who has such knowledge power or contents
-c) consent in writing to the applicati0on for grant from person who has the testetor __________________
IMPORTANT THINGS TO CONSIDER WHEN APPLIYIN FOR LETTER OF AN ADMINISTRATION
1). Consent
-there are two circumstances that consent can be given in the process of guilty letter of administration is made on a interest petition except where the cost or otherwise order shall be supported by written consent of all those person who according to the rules for the distribution of the case of deceased will be entitled to the whole part of his estate rule 71
2) letter of administration with the will annexed
-in case the deceased die testate and the application for grant of letter of administration with will annexed is made the consent must unless the court otherwise orders be regarded from the residence and such person be beneficiaries under the will as would have been entitled if the testate died intestate rule 72(2)
-form number 56 of the first schedule of the probate rules and it may be signed and attested by any person before whom an affidavit may be sworn .
Rule 77(4) of probate rules
Also section n77(1) where a person who consent is refuse to give such person consent can be obtained with out undue delay
The same in section 57 set outline the first schedule schedule of the probate rules to be citation
3. Grant to sole administrator where an application for letter of administration with or without the will annexed is made by an individual alone such as shall file
-the affidavit should bin the form prescribed in form number 17 set out in the first schedule of the probate rules
PROCEDURES AND DOCUMENTS
Step 1.
-conduct of family meeting
-Appoint of administrator
Step 2.
– Application for letter of an administration
– if the applications is made to district court delegated the petition must be further that deceased at the time of the death had a fixed of above with in the jurisdiction of such delegated
Letter of an administration of contents for petition
- The date and place of death of deceased
- The family or other relationship of the deceased can be real residence
- The right in which the petition clamed
- The amount and number of assets which is likely to come to the petitioner hands
- Whether any proceedings for grant of letter or otherwise for the administration of estates become commenced before any other court authority with Tanzania or outside it.
DRAFTING FORM NUMBER 27
THE UNITED REPUBLIC OF TANZANIA
IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM
PROBATE AND ADMINSTRATION
CASE NO_____________OF_____20
In the matter of the estate of the late Vs ____________________________(name of the deceased )
In the matter of application for petition probate by _______________________name of the Executer
PETITION FOR LETTER OF ADMINSTRATION WHEN THE DECEASED DIED INTESTATE
(Made under section 56 of the probate and administration of estate)
I executer of ____________________________________ hereby petition this honourable court for grant of letter of administration of the estate of the late _______________________________________died at _____________the day__________________ of__________________ 20_____________________
The said deceased left the surveying him the following relatives (give the name of the relatives) designation and their residence
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The petition is made by me as state the right in which the petition is done
I be leave that the assets where to come to many hands you will include states amounts and nature of the assets
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The said deceased die intestate and delegated has made a will but has been made for will but non has been fraud
The said deceased at the time of birth had a fixed place of a bond __________________________________ and property with in the jurisdiction of this honourable court
The said deceased was said a ___________________________nationality and also professed the __________________________________religion
No proceedings for the grant of probate or letter of administration of the said deceased have been come before any court or any authority whether inside Tanzania or outside Tanzania such proceedings have been specify the nature of the proceedings and the and the country and the court
AND I, the said ___________________the petition abuse named deceased that what in stated above is true to the best of my knowledge information and before __________________________________
Dated at ____________________________ thus ___________________days______________20________________________
_________________________ ___________________
Signature signature of petitioner
Documents to attach…
1-certificate of death signed by the competent authority
2- an affidavit as to the deceased demise
3- an administrator of oath
4-an administrator of bond
drafting an affidavit as to deceased domicile
5- A certificate of the financial position of the sureties
6- consent of hairs and
7- in case of an application for a grant of sole administration an affidavit as regard by rule 32
FORM 45
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE ___________________________________________
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
_________________________________
AFFIDAVIT AS TO DOMICILE
[Rule 64]
I, __________________________ of P.O. Box 1510, Moshi, hereby solemnly affirm and say that I knew and was well acquainted with _________________________ of P.O. Box 1510, Moshi, deceased, who died, on the 28TH day of August, 2023.
I further say that the said deceased was at the time of his death domiciled in Kilimanjaro Region, At Moshi Municipality and he had immovable property in Kilimanjaro Region and he always expressed to me a desire to stay in Kilimanjaro Region permanently.
That I do hereby verify what is stated above is true to the best of My knowledge and beliefs.
AFFIRMED at Moshi by the said
_____________________________
who is known to me personally/
introduced to me by
_________________________ _______________
The latter being known to me DEPONENT
personally
this ___ day of December 2023
BEFORE ME:
NAME: ________________________________
ADDRESS: ____________________________
SIGNATURE: __________________________
DESIGNATION: COMMISSIONER FOR OATHS
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE _____________________________________
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
______________________________________
EXECUTOR’S OATH
(Section 67, Rule 66)
I, ____________________________________ of P. O. Box ____________ Moshi hereby make oath and say that I will faithfully administer the property and credits of the above-named deceased person by paying first his just debts and then distributing the residue of his estate according to the law, so far as the said assets will extend, and that I will make and exhibit a full and true inventory of the said property and credits in this Court within six months from the date of the grant to be made to the or within such further time as the Court may from time to time appoint, and I will also render a true account of our administration to this court within one year from the same date or within such further time as the Court may from time to time appoint.
AFFIRMED at Moshi by the said
____________________________
who is known to me personally/
introduced to me by
_________________________ _______________
The latter being known to me DEPONENT
personally
this ___ day of December 2023
BEFORE ME:
NAME: ________________________________
ADDRESS: ____________________________
SIGNATURE: __________________________
DESIGNATION: COMMISSIONER FOR OATHS
.
IN THE DISTRICT COURT OF MOSHI
IN THE DISTRICT DELEGATE
AT MOSHI
PROBATE AND ADMINISTRATION CAUSE NO. ………. OF 2023
IN THE MATTER OF THE ESTATE OF THE ___________________________________
AND
IN THE MATTER OF AN APPLICATION FOR PROBATE
BY
________________________________
ADMINSTRATOR BOND WITH SURETIES
(Made under section 67 of probate and estate of administration of estate Act and rule 66 of the probate rules)
KNOW AIC MEN BY THESE _____________THAT we ___________-the administrator of the __________________-1st surety of ___________________and CH 2nd surety of ______________of the above court for time being for the payment of which use bond our selves sand each of us we here administrator and sign
Dated __________________________this ________________________day of ________________20______________________
The obligation is such that if the above named __________________the intended administrator of all and singular the proper and credit of ___________________deceased do make a full and time of the said some in this court with in sex month from the date of grant to him or with in such further as the court may time and time appoint and do well try to administer the said property and credit according to further to render to this court a true and credit with in one year from the date of the said or within such further time as the court may from time to time appoint all the rest and to resides the said property and credit which shall be find remaining upon the said administrator shall deal and pay on to such resides then this obligations shall be void and no effects or shall remain in full force and _______
Signed and delivered with in
_____________________________
and presented in
______________________
LETTERS OF ADMINSTRATION ON VARIOUS ASPECTS
- Letter of an administration with the will annexed
- Letter of an administration with the will annexed to an attorney
- Letter of an administration for speak purposes
- Letters of administration until will is produced
- Letter of an administration during money
- Letter of an administration during unusual mind
- Letter of an administration on un administered estate
- Letter of an administration to __________________
- Letter of an administration to collect and presence the estates
- Letter of administration on suits
- Letter of an administration to trust
- Letter for an administration with the will annexed
Section 29 of PAEA provide on such circumstances
1, if there is no executer appointed by the will
2, if the executer or all executer appointed by the will have renewed or are person to when probate may be not granted
3, if there is no executer_____________ the testator
4, if all the executer died before obtained the probate or before the administrator of all estates of the deceased
EXCEPTIONS
The court shall not grant letter for of administration with the will annexed in respect of a will by which is applicable if the executer
- Is a person to whom probate may be granted
- He is not renewed his offense
Unless and until a citation has been issued calling upon the executer to accept the executer to accept or renewal his office and the executer has renewed according to the process of the law
PROCEDURES
The application for letters of administration will be annexed must inform of petition as prescribed on form number 26 of probate rules Act occupy by the deceased as produced to those in the application
Form number 26.
PETITION FOR LETTERS OF ADMINSTRATION WITH THE WILL ANNEXED
b, letter of an administration with the will annexed by an attorney
circumstances
1, an executer is absent from Tanzania and there is no other executer with in Tanzania will ng to act s. 30
2, the application for grant of letter of an administration with an annexed to the attorney is made a way of petition inform of prescribed documents
FORM NUMBER 29
PETITON FOR GRANT OF LETTER OF AN ADMINSTRATION AND THE WILL ANNEXED TO THE ATTORNEYS OR EXECUTER
1, Where any person to whom a letter of administration may be granted with the will annexed is absent from Tanzania letter of an administration with the will may be granted to his lawfully constituted attorney to ordinary residing Tanzania with limited time and purposes
-the form of application is forming number 30 outcome to the first schedule of the probate rules
PETITION OF THE LETTER OF AN ADMINSTRATION WITH THE WILL ANNEXDE BY AN ATTORNEY OF PERSON ENTITLES TO SUCH GRANT
3, In such situation letters of an administration may granted to a lawful attorney who is residing in Tanzania’
The functions of attorney are limited until such person who is absent obtained the letter of administration
Form of application =form number 30A of the first schedule of the probate rules
“PETITION FOR GRANT OF LETTERS OF ADMINSTRATION ON AN INTENCY BY ATTORNEY OF A PERSON LETTER TO SUIT GRANT
5, Letters of administration with will annexed to an attorney
Form 69 set out in the first schedule of the probate rules
c. Letter for an administration for a special purpose
è. There are some circumstances that the court may grant letters of an administration to the person representative for a special purpose
-this is provided under sub part of the part four of the Act. These special circumstances are as follows
a. letters of an administration during Minnery
b. letter of an admin during unusual mind
c. letter of administration of an administered estate
LETTER OF AN ADMINSTRATION DURING MINORITY
As a rule, minors are not entitled or letters of administration by the virtue of miner
Section 36
Where a minor is entitled for probate letter of administration with the will annexed may be granted to the guardian subject to the provision of section 22 of the Act
à, the guardian is responsible to be granted
-, Form number 3 of probate Rules
“PETITION FOR GRANT DURING MINORITY
(Made under section 36 rule 44)
-The petition must state the meaning which the petition is related to such minor and accompanied
1- Certificate of birth of the minor issued by the competent authority
2- if such certificate is not an affidavit from a person able to dispose the date of birth of minor
The grant of letters of administration during minority is in the prescribed form number 70 of first schedule of the probate rules signed by register
-. The procedure through which the minor has to follow to attained the age of majority id granted representation to as estate grant mis made by a way of petition in the prescribed form number 31 of the first schedule
PETITION TO GRANT FOR EXECUTR HAVING THE AGE OF MAJORITY
E. letter of administration during unsound mind
Enabling a person by section 37 of the probate rules
Form number 32 petition for grant during unsound mind
After the petition court will grant you letter as per form NO 71 of the probate rules
GRANT OF LETTER OF ADMINSTRATION OF UNSOUND MIND PERSON
(made under section 36 and 84 of probate rules act)
Letter of an administration to un sound minded estate
-, it happen on the death of the sole executer who has the will of sole surety administrator letter of an administrator my be granted in respect of that part of the estate not fully administered
PROCUDURES
Application is made by for, number 33
PETITION FOR GRANT FOR LETTER OF AN ADMINSTERED ASSETS
-I should be supported
1. certificate of death on an affidavit to the death of the executer or the administrator and by an affidavit starting that __
-After the petition you will be granted the probate letter signed by the register named as GRANT IN RWSPECT OF AN ADMINISTERD ASSETS
6. LETTER OF AN ADMINSTRATIN TO PENDENTE LIFE
Where there is pending proceeding before the court which touches the validity of the will a deceased person for obtained grant letter of administration the court my appoint an administrator calling pendite life
APPLICATION
Application is made by chamber summons supported with an affidavit
In the prescribed form number 35
-particular of proceedings
-cross values and nature of the estate of deceased
– date of death of the deceased
-statement of fitness of proposed as administrator
èThe applicable must be approved by
1, the proposed administration bond informs prescribed in form number 36 section of the first schedule
2, the administrative bond in the sum prescribed in form 37 set out in first schedule
3, Form No 35- AFFIDAVIT TO GRANT PENDENTE LITE
From No 36, 37 OATHS OF ADMINSTERING PENDENT LITE
After make petition you will have to be granted form number 37 set out in the first schedule of the probate rules signed by the register and sealed
F. letter of administrator for purpose to collect and reserving the property of the deceased property
In case it appears in necessary party the property of the deceased person the court may grant to any person when it letters administration limited
And debts of the estate and such other than the distribute of the court ____________________________________—-refer section 36
PROCEDURES
Section 38 the application of the letter of an administrator is made to a person who has already lodged the same in respect of the same estate of the court .is drafted by away of chamber summons supported by an affidavit
AFFIDAVIT TO LEAD TO GRANT OF LIMITED TO COLLE TION AND PRESERVATION 2 SECTION 2. SECTION 39 RULE 1(1)
. In addition, the petition must include all particulars required to be in petition for the grant of letters of administration of intestate stating the ground for such petition and accompanied by the following
1.. a certificate of the death of the deceased
2.. an affidavit as to the death domicile
3. the proposed administrator in the form prescribed in form 40 set out in the first schedule
OATH BY ADMINSTRATION APPOINTED TO COLLECT AND PRESERVE IT
4. An administrator’s bond in the prescribed form no 4 of the first schedule
“BOND BY ADMINSTRATOR TO COLLECT AND PRESERVE rule number 5 (3)
After petition the court will grant of letters of administration to collect and preserve the estate signed by register and sealed as prescribed form 14 set out in the first schedule of probate rules
GRANT LIMITED TO COLLECTION AND PRESERVATION
>,. Letters for administration on suits
Can be granted when it appear necessary for representative of the deceased person to be made part of suit all the executer person entitled to letter of administration
Is unable or unwilling to act section 40(1)
In such a situation a letters of administration may be granted to names of a party in such society which is limited for purpose of representation of deceased in the said suit if any other suit which may be commenced in some or any otherwise
àApplication is made by
- Chamber summons
- Supported with affidavit
- Rule 52
. Letters of administration to section 41 of the act
Application is made by for, form number no 42
Documents to _____________________
- Certificate to the death of the deceased except where such certificate is in procession in the court
- The last will and testamentary of the deceased except where such will and testamentary are already in procession of the court
- Administration oath in from number 43
- An administration of oath prescribed form number 44
- A certificate of financial position of sureties
- Consent of the beneficiaries under the trust except the petition is the sole in solving beneficiaries
After that court will grant letter of an administration to trust property in prescribed form 75 with signed by the register and sealed
GRANT REPRESENTTION TO SMAALL ESTATE (DISTRICT COURT)
This application is made to the district court prescribed by the district magistrate
-In case of granting representation of the estate administered in accordance with customary laws custom and Islamic laws as per section 10 of the probate and administering Act the power of the district court is limited as privileged under section 92 of Act
The district court has the power to entertain grant of the probate of which the primary court has jurisdiction unless the exception’s for under the above power are compiled wit the case has been transformed the primary court to the district court
As far as pecuniary jurisdiction of the district court is commenced no appointment of the administrator is the reason that it is attended that the value of gross estate of deceased exceed on hundreds million-shilling section 86(1)
-the grant of the probate of left of an administration of the high court the reaction of the grant of the representatives to the administration by the district court
THINGS CONSIDER WHEN APPLYING FOR REGISTRATION
- Death
- Affidavit as to the demise of the deceased
- Undertaking to the estate of the deceased faith full in the form prescribed in form 77 set out the first schedule of the probate rules
Enabling provision
Section 74 of the probate and estate of administration Act gives power the DC to appoint administrator once a person is interested in the estates
DOCUMENT
Form number 76 of the probate rules act
. APPLICATION FOR APPOINTMNET OF ADMINISTRATOR OF SMALL ESTATE RULE RULE 85
PROCUDERES
-after making ana application the said application is made by a way
-original will
-an affidavit to its execution from one of the witnesses by affidavit testifying as to such matters which may presume in further a application.
Court will appoint form number 78 and also APPOINTMENT OF ADMISTRATION OF SMALL ESTATE section 76 rule 93
Restriction on grant of small representatives of small estate
- The renovation of appointment of the administrator has been made by the district court which has granted the same
- The high court consider the grant is necessary in the interest of justice for protection of any beneficiary
- The district court has exercise its proper jurisdiction and infirmary the high court deeds to grants probate or letters of administration
GRANT OF REPRESENTAIONS BY PRIMARY
Grant of the representations by the primary court is regulated by the firth schedule of the magistrate courts act and primary courts (administration of estate rules)
- The primary court has jurisdiction to entertain succession matter which fall under either Islamic law or customary laws
- ____________are not allowed to enter in the appearance in primary court the procedure regulating matters in primary courts are less complex to other courts
èimportant things to consider when granting representations
- Administration bond
Rule 7(3)
2.. distributions of assets
-discharge all debts due to the deceased estates
3. estates accounts
Time with in fair months of the grant f administration
Form number five
APPLICATION FOR GRANT OF REPRESENTATIONS
The power of the primary court is to grant representations of the paragraph
2.a. and b of the fifth schedule it provides s. 2of the act
PROCEDURES
The court may if it considers the necessary cause the notice to be substantial as public notice by publication in the news paper substantial leave which may be approach
-if on the date for hearing of the applications of any persons to whom the notice was issued fails to appear the court may adjoin the hearing at the respect of any appellant or such person attending the court proceedings to her the applications and may at the conclusion of hearing make an order granting or refusing to grant administrations unless the court is satisfied that the notice had meet ________________________________________________
Rectification of errors
Where that re errors in names and description or in setting the time and place of the deceased death according to section 48 of the probate act a court may grant a letter
Renouciation of the executer
An executer cannot be compelled to act after the deceased death at any point time after the deceased death he/she may option may opt to decline the office
TYPES OF RENUNCIATION
- Express
- constructive
Express renunciation
Occur when a person renunciates to the probate expressly renounce his right to such grant orally the hearing of any applicants in writing side by the person so renouncing and attested by any person before whom an affidavit may be sworn
Procedures
Is made in the prescribed form in form number 9 of the first schedule of the probate rules
1, constructive renunciation
Occur when a person having an interest in the estate deceased person issued certificate to the executer appointed by the deceased …..this is under section 19 (1)
The procedures are simple to follows
Application by chamber summons supported with affidavit in form of prescribed documents form number set out
AFFIDAVIT IN SUPPORT OF APPLICTION FOR CITATION
TO ACCEPT OR RENOUNCE EXECUTERSHIP
(Rule 27(1)
A citation made under constrictions renunciation must be in the same form prescribed in form 1 set out in first schedule of the probate rules
CITATION TO ACCEPT OR RENOUNCE EXECUTORSHIP
(Rule 27(2))
The court issuing the citation will six the period within which the persons may enter an appearance rule 27(3)
The appearance must be in the form prescribed in set 2 out in the first schedule of the probate rules
“APPERANCE TO CITATION
The copy of the said form must be served tom the person who applied for the intention
-the said copy of the said form must be served to the person who applied for the citation
-where a court makes defaults in appearance with in the time limited for such appearance the register will encloses on the record on certificate to those effects
Such order must be in form prescribed in form 3 set
ORDER TO APPLY FOR PROBATE WITH IN LIMITED TIME
Copy of chamber summons and affidavit must be saved to the citee
Where the court make an order limiting the time within which a persons cited apply for grant of probate if fails to apply for grant of probate with in such time, they may apply in writing for an order that the person is claimed to have renewed his right to probate
-the effects of renewed made either expressly or constructive produced the person from applying for probate in the future unless the court allows the person so remain to withdraw his renunciation for the benefits of the estate or person interested in the deceased estate section 20