![\"\"](\"https:\/\/horizonnews.co.ke\/wp-content\/uploads\/2020\/04\/IMG-20200409-WA0019-1024x765.jpg\")
The processes of obtaining a grant of probate are through a petition\nfor grant of probate and thereafter confirmation of grant of probate.<\/p>\n\n\n\n
When a person dies having not written a will or where the\nwill is invalid, his or her property is administered and disposed off in\naccordance with the provisions of the act. A person is said to have died intestate\nif he or she did not leave behind a valid will or no will at all. <\/p>\n\n\n\n
The procedure involves having the administrators obtain a\ngrant of letters of administration intestate. This gives them the authority to\ndeal with the estate of the deceased person in accordance with the provisions\nof the law. <\/p>\n\n\n\n
The processes of obtaining a grant of letters of\nadministration intestate are through a petition for letters of administration\nintestate and confirmation of letters of administration intestate.<\/p>\n\n\n\n The following contents of this article entails the\nprocedures for applying for the grant of probate and letters of administration\nintestate.<\/p>\n\n\n\n Petition for grant of\nprobate:<\/strong> The executors of the\ndeceased person\u2019s estate will be required to petition the High Court of Kenya\nfor a grant of probate. The petition is accompanied by an affidavit, which must\ninclude a schedule of the assets and liabilities of the deceased person\u2019s\nestate with their approximate value. Proof of ownership of the assets must also\nbe attached.<\/p>\n\n\n\n The petition is filed at the Family Division of the respective\nHigh Court and the Court Registrar peruses the petition to check if it is in\norder and thereafter assesses the filing fees due and payable to the Judiciary\nof Kenya. <\/p>\n\n\n\n Upon payment of the filing fees, a notice of the petition is\nadvertised in the Kenya Gazette to notify the public of the petition and for\nany person who has a claim on the estate of the deceased to have an opportunity\nto object to the grant of probate being given to the executor (ices).<\/p>\n\n\n\n After 30 days of the notice of the petition appearing in the\nKenya Gazette, an application for extraction of the signed and sealed grant of probate,\nwhich will indicate the executor(ices) as the lawfully appointed executor(ices)\nof the estate – should be made by the executor(ices) to the High Court.<\/p>\n\n\n\n Confirmation of grant\nof probate:<\/strong> Upon issuance of the\nsigned and sealed grant of probate, the executor(ices) must wait for the\nstatutory 6 months\u2019 period to lapse before applying for the grant to be\nconfirmed after which he or she will be issued with a certificate of\nconfirmation of grant of probate and this certificate gives them power to\ntransfer the estate\u2019s assets in accordance with the provisions of the will.<\/p>\n\n\n\n Petition for letters\nof administration intestate:<\/strong> There\nshould be at least two people who must petition the High Court for letters of\nadministration intestate. Preference is usually given to the surviving spouse\nbut this does not prevent the adult members of the family from agreeing amongst\nthemselves on who to petition the court if a surviving spouse is not in a\nposition to do so. The petition should be filed at the nearest High Court to\nwhere the deceased person resided at the time of his or her death.<\/p>\n\n\n\n The petition for letters of administration intestate is a\nformal legal document that must be accompanied by an affidavit in support from\nthe petitioners. <\/p>\n\n\n\n The petition should include a schedule of the assets and\nliabilities of the estate with the approximate values, proof of ownership, the\ndeceased\u2019s death certificate and a letter from the chief in the locality of the\ndeceased\u2019s place of domicile stating that the chief knew the deceased person\nand giving details of the estate\u2019s beneficiaries and dependants as known to him.<\/p>\n\n\n\n It is a mandatory requirement for the petitioners to swear\naffidavits of justification satisfying the court that the petitioners are\nsolvent and are able to comply with their obligations as administrators. It is\nalso a mandatory requirement for the petitioners to obtain other independent\npersons to be sureties for the full value of the net intestate estate who in\nturn will have to satisfy the court as to their solvency.<\/p>\n\n\n\n The petition is then filed at the family division of the\nrespective high court after which the deputy registrar will peruse the petition\nand assess its filing fees which is payable to the Judiciary of Kenya. Upon\npayment of the filing fees, a notice of the petition is advertised in the Kenya\nGazette to notify the public of the petition and for any person who has a claim\non the estate of the deceased to have an opportunity to object to the grant of\nprobate being given to the executor(ices).<\/p>\n\n\n\n After 30 days of the notice of the petition appearing in the\nKenya Gazette, an application for extraction of the signed and sealed grant of\nletters of administration \u2013 which will indicate the administrators as the lawfully\nappointed administrators of the estate and state that they have undertaken to\nfaithfully administer the estate – should be made by the administrators to the high\ncourt.<\/p>\n\n\n\n![\"\"](\"https:\/\/horizonnews.co.ke\/wp-content\/uploads\/2020\/03\/IMG-20200302-WA0019-1024x1024.jpg\")
<\/figure>\n\n\n\n![\"\"](\"https:\/\/horizonnews.co.ke\/wp-content\/uploads\/2020\/04\/IMG-20200409-WA0021-1024x1017.jpg\")
![\"\"](\"https:\/\/horizonnews.co.ke\/wp-content\/uploads\/2020\/03\/IMG-20200305-WA0010-928x1024.jpg\")
<\/figure>\n\n\n\n![\"\"](\"https:\/\/horizonnews.co.ke\/wp-content\/uploads\/2020\/03\/covid.jpg\")
<\/figure>\n\n\n\n