Reallocating the Property of a deceased Kin
@2018-01-06 06:41:43

Introduction

When a person dies without leaving a will, his relatives are often left clueless on how to handle the property. This is especially where property like land is involved. Because the title is in the name of the deceased person, his kin realise that they cannot sell the land or even charge it to obtain loans.

The first thing to do is to apply for letters of administration. The procedure for obtaining the letters of administration of representation is not complicated. The first thing one should do is to ensure that they qualify to make the application. Basically, any beneficiary of the estate qualifies to apply for letters of administration.

Who are beneficiaries?

When a person dies without leaving a will, he/she is said to die intestate. The Law of succession lists the beneficiaries of the estate of a person who dies intestate as follows:

1. Surviving spouse or spouses, and children of the deceased, with or without association of other beneficiaries; if none
2. Father of the deceased; if none
3. Siblings of the deceased; if none
4. The relatives who are in the nearest degree of consanguinity up to and including the sixth degree, in equal shares.

Wives and children are automatic beneficiaries. In the event that there are surviving children and wife (or wives), all the others have to prove that they were actually depending on the deceased for subsistence.

Grant of letters of administration

The maximum number of people who can get the letters of administration is four. The administrators do not get all the property. They are required by law, once the letters of administration are confirmed, to distribute the estate equitably to all the beneficiaries, including those who did not apply for the letters of administration. The beneficiaries can however decide to engage the Public trustee to handle the administration of the estate.

Any of the people who qualify to obtain the letters of administration should fill the forms and file them at the court registry. The forms can be obtained at the Judiciary’s website.

The application will then be advertised in the Kenya gazette for a thirty (30) day period. During this period, anyone who has an objection can lodge it. If there is an objection, the court will hear and determine it first.

Confirmation of grant

If there is no objection after thirty days the applicant gets a temporary grant for the administration of deceased’s estate. The temporary grant lasts for six months during which this person is referred to as ‘personal representative’ and cannot distribute the estate of the deceased but collects and preserves the assets of the deceased.

After six months have elapsed, the applicant should petition the court for confirmation of grant of letters of administration. Once the grant is confirmed, the administrator(s) can proceed to distribute the estate.

By: By Edward Maroncha