Professional Documents
Culture Documents
A
The deceased died having written a will &
named the person to be in charge of his
affairs (executrix/executor). The said
person named is to apply for the grant of
probate unless he refuses or declines to
do so.
3.1 Grant of Probate
Procedure
If all documents are in order the file is placed before
the Hon.Judge by the deputy registrar. It is given
orders to have the matters advertised in the Kenya
Gazette. If no objections are raised before 30 days,
letters of grant Probate is issued with a copy of the
will attached. Grant issued by Court (P & A 45).
Period of 6 months is given for the parties to confirm
the said grant.
Accounts need to be submitted within 6 months after
the confirmation of grant.
3.2 Grant of letters of administration with Will
annexed.
A
B Forms
Form P & A 79 (petition).
Form P & A 3 (affidavit)
the original Will plus
2 photocopies of the Will &
original death certificate.
Priority is given
to a survivor and in the
order of Consanguinity
A
B Forms
the following forms should be filed.
Form P & A 80 (petition).
Form P & A 5 (affidavit)
Form P & A 11 (affidavit of justification of
proposed sureties)
Form P & A 12 (affidavit of means)
Form P & A 57 (guarantee of personal
sureties)
Death Certificate (mandatory).
A
B Forms
the following forms should be filed.
Form P & A 80 (petition).
Form P & A 5 (affidavit)
Form P & A 12 (affidavit of means)
Death Certificate (mandatory).
Form P & A 38 (Consent form).
A
B Forms
the following forms should be filed.
Form P & A 80 (petition).
Form P & A 5 (affidavit)
Form P & A 12 (affidavit of means)
Form P & A 11 (affidavit of justification of
proposed suits)
P & A 57 (guarantee of personal sureties)
Death Certificate (mandatory).
A
B Forms
the following forms should be filed.
Form P & A 81 OR P & A 82 (petition)
Form P & A 7 (affidavit)
Certified copy of the grant issued by foreign
country.
A B Forms
the following forms should be filed.
P & A 85 (petition)
P & A 19 (affidavit)
Copy of death certificate (where signature
endorsed by the applicant is required).
Within 30 days
(iii) Registrar
(iii) Registrar
(iii) Registrar
Step 3 DIRECTIONS
The registrar refers the matter to court for
directions once all the
requisite paper has been filed.
B Forms
(i) Where a grant has been issued for a Will.
Form 108 (application). Form 8 (affidavit).
(ii) Grant for letters of administration with Will annexed.
Form 108 (application)
Form 8 (affidavit)
Note
Before 6 months are up a grant may be
issued in certain circumstances section 71
(3).
Form 109 (application)
Form 8 & 9 (affidavit) (Whichever is
applicable).
6.2 Grant letters of administration intestate.
Parties must be disclose the apportionment
of each survivor entitled to the estate.
Protest
Rule 15
Rule 40
A - A person wishes to be informed when a
grant is to be confirmed, he/she would file a
caveat rule 15 (1) Form P & A 28.
If P & A is filed
Judge directs which persons Each person served may fill an affidavit
should be served with the stating whether they support or oppose the
application and the grounds for so doing.
application (Form 107, 14).
13 Public Trustee
Where there is no one
to administer the estate
of the deceased, the
public trustee after 6
months takes over the
administration by
placing a notice in the
Kenya Gazette.
After an expiry of such
notice the public trustee
applies for a grant in the
same procedure as
applied in the act as for
other litigants.
14 Trust Companies
Trust companies are provided for!