How do I go about getting letters of administration?

My parents died without leaving a will. I have five siblings and I am the eldest.

I would like to apply for letters of administration. Which documents do I require for such an application?

Letters of administration are granted by the court to permit and authorise the administrator to deal with the management and distribution of a deceased person’s property.

Who is qualified to apply for letters of administration?

An adult who should be of sound mind and not bankrupt.

The court has wide discretion on whom to appoint as administrator.

However, the Law of Succession Act gives an order of preference to guide the court as follows: Surviving spouse or spouses, children, father, mother, brothers and sisters and any child of the deceased’s brothers or sisters, other relatives, the Public Trustee, and creditors.

Under intestacy, up to four administrators can be appointed. Therefore, where there are more than four such eligible applicants, it is upon the beneficiaries to agree which four will be appointed.

It is important to note that the administrators have no advantage over the other beneficiaries when it comes to distribution of the property.

Which documents constitute the application?

The application for letters of administration is in the form of a petition, and the applicant is known as a petitioner.

The Law of Succession Act has prescribed forms which are required to form the petition for letters of administration as follows:

i. P & A Form 80: Petition for letters of administration intestate.

ii. P & A Form 5: Affidavit in support of petition for letters of administration intestate.

iii. P & A Form 12: Affidavit of justification of proposed administrators. This confirms that the petitioner is not bankrupt.

All petitioners sign against their names in the above three documents.

iv. P & A Form 57: Guarantee by personal sureties. The sureties are people who give guarantee to the court that the administrators will perform their duties. If the fail administrators to perform their duties, the sureties will compensate any financial loss suffered.

v. P & A Form 11: Affidavit of justification of proposed sureties. This confirms that the sureties are not bankrupt.

All guarantors sign against their names in the above two documents.

vi. P & A Form 38: Consent to the making of a grant of administration intestate to persons of equal or lesser priority. This consent is to be signed by other beneficiaries and has to be in writing.

Failing to obtain this consent would be a ground for revocation of a grant of letters of administration issued. Revocation is the annulment or invalidation of a grant previously issued.

The above prescribed forms can be obtained through a lawyer, downloaded from the Judiciary website, or purchased from the court.

There are other documents required such as a certified copy of the death certificate, names, ages, addresses, description, and marital status of all surviving beneficiaries.

Also, a list of all assets of the deceased with proof documents, for example a copy of title deed for land owned, a copy of share certificate for shares owned, list of debts and liabilities owed by deceased, letter from the chief (within the location of deceased’s last place of residence) highlighting the beneficiaries of the deceased.

What information is required for this application?

Generally, the information sought should provide full name, date, and place of death of the deceased, deceased’s last place of residence, name and description of the applicants, names and description of the beneficiaries, full inventory and estimated value of the assets and liabilities of the deceased at time of death, relationship of the applicant to the deceased, and consent from the other beneficiaries.