Letters of Administration in regard to land ownership
Letters of Administration in regard to land ownership : Losing a loved one or someone close to you is really a sad delicate time as it comes with a lot of emotions, during this time you are challenged with settling the affairs of the deceased and ensuring that their last wishes are fulfilled.
Incase the deceased left behind a will and testament, it can be used to start the process of settling or administering their estate. However, if there is no will, it can be confusing to known what to do.
Before any action is taken in managing and distributing the estate of the deceased, you need to obtain letters of administration, these are legal documents that grant you permission to act on behalf of the estate and start the process of estate administration.
Letters of Administration – is a court issued document that gives some the authority to act as the estate administrator.
Then the administrator can then access and manage the deceased’s assets including land and financial accounts among others.
Difference between Administrator and executor
A Will executor and an administrator are both responsible for distributing the assets in an estate, however they are signed to their different roles. The creator of a will names an executor in their will while an administrator is appointed by the court.
An executor follows the instructions of the deceased left in their will while an administrator follows state law to determine who receives the assets of the deceased, including land.
Why you need a letter of administration?
If you are the administrator of an estate, letters of administration give you the legal authority to access the descends’ assets including land. However, a letter of administration does not give you power to do whatever you want with the contents of the deceased’s estate.
As of the directives of the Ministry of Lands, Housing and Urban Development issued on October 26, 2022 through its Senor Registrar of Titles, the directive outlines new requirements necessary for transactions involving the administrators or executors of estates of deceased persons.
As per the directive, all persons undertaking transactions involving administrators and executors should present the following documents to Lands Office.
- Certified copies of the letters of administration.
- Certificate of No Objection or a will certified by the Court.
- A certified copy of the inventory filed in Court.
- Petition filed in Court at the time of obtaining letters of administration or probate indicating all beneficiaries dully certified.
- Consent of the family members or beneficiaries authorizing the administrators or executors to affect any transaction for instance transfers, letters of administration or probate, subdivisions among others.
How to obtain Letters of administration; (where a person died without leaving a will)
If the person applying for the letters of administration is the window of the deceased, then that person must obtain a Certificate of No Objection from the office of the Administrator General first.
A person then presents a Petition to court praying for a Grant of Letters of Administration, the petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on.
When filing for the petition in the court, the requisite filling fees of UGX 6,000 must be paid in the bank and evidence of payment attached to the petition.
The notice of the petition will then be advertised in the newspapers for a period of 14 days, any person with a reason as to why the petitioner should not be granted the Letters of administration may lodge a Caveat in court.
If no caveat is lodged, then the petitioner will be granted Letters of administration by court.
Who can petition for Letters of Administration?
Any person of the age of twenty-one or above and is of sound mind and is related to the deceased either by blood or by marriage.
Where should a petition for Letters of Administration be filed?
The petition should be filled in the court with jurisdiction where the property of the deceased is located, if the property of the deceased exceeds 50 million shillings, then the petition may be filed in the Chief Magistrates Court.
How to obtain a Grant of probate (Where a person died and left a will)
A person presents a Petition to court requesting for a Grant of Probate
The procedure followed hereafter is similar to the procedure above.
