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Naomi Mutinda, Adv. April 5, 2025 Succession & Probate

How to File for Letters of Administration

A guide for families who have lost a loved one without a will

Probate court documents and stamp

Losing a loved one is painful. When they die without leaving a will (intestate), the legal process of administering their estate can add confusion and delay. Under Kenya's Law of Succession Act (Cap 160), the court must appoint an administrator to manage and distribute the deceased's property. This is done through a legal document called Letters of Administration. This guide walks you through every step, from determining who qualifies to apply to distributing the assets.

Key distinction: Letters of Administration are used when there is no will. If a will exists, you apply for Probate. This article focuses on intestate succession.

Step 1: Determine Who Can Apply (Priority Order)

The court prioritises applicants based on closeness to the deceased. The hierarchy under Section 66 of the Law of Succession Act:

  • Surviving spouse(s) – highest priority
  • Children of the deceased
  • Parents
  • Siblings
  • Other relatives (by order of consanguinity)

If multiple people qualify, they can apply jointly or one may renounce in favour of another. All applicants must be over 18 and of sound mind.

Step 2: Gather Required Documents

Before filing the petition, assemble the following:

✅ Original Death Certificate
✅ IDs / Passports of all applicants
✅ List of all known assets (land, vehicles, bank accounts, shares)
✅ List of all beneficiaries (names, ages, relationship)
✅ Consent forms from other family members (Form 37 – Renunciation/Priorities)
✅ Affidavit of justification of the administrator's suitability

Step 3: Filing the Petition at the High Court (Probate & Administration Division)

For Machakos residents, you file at the Machakos High Court (Succession Cause registry). The advocate prepares and files:

  • Summons for Letters of Administration (Form P&A 80)
  • Affidavit in support (Form P&A 5)
  • Consent to appointment (Form P&A 38)
  • Inventory of assets and liabilities (Form P&A 79)

The court will issue a citation to notify any other persons with equal right to apply. If no objection is raised within 30 days, the court proceeds.

Timeline: Filing to issuance of grant typically takes 4-6 months if uncontested. Contested matters can take over a year.

Step 4: Gazette Notice & 30-Day Waiting Period

Once the court accepts the petition, the Deputy Registrar issues a notice to be published in the Kenya Gazette. This serves as a public announcement for any creditors or objectors to come forward. The gap between gazettement and confirmation is at least 30 days. During this period, the administrator should collect all assets and pay any debts from the estate.

Step 5: Confirmation of Grant & Distribution

After the 30 days, the administrator files a Summons for Confirmation of Grant (Form P&A 56). The court will:

  1. Verify that all beneficiaries consent to the proposed distribution.
  2. Ensure dependants (minors, elderly) are protected.
  3. Issue a Certificate of Confirmation of Grant.

Once confirmed, the administrator can transfer land titles, close bank accounts, and distribute assets according to the Law of Succession Act's intestacy rules (e.g., spouse gets personal effects and 1/3 of residue, children share 2/3, etc.).

"Letters of Administration are not just paperwork – they are the key that unlocks your loved one's legacy. Delaying the process can lead to family conflict and loss of assets." — Naomi Mutinda, Succession Advocate

Common Challenges & Solutions

  • Disappeared beneficiaries: The court may allow service by advertisement.
  • Family objections: Consider mediation before litigation.
  • Missing documents: Apply for replacement title deeds or bank letters.

Musyoka & Mutinda Advocates offers full probate services – from filing to distribution. We serve families across Machakos, Nairobi, and Eastern Kenya.