Petition for Grant of Letters of Probate (Unadministered Estate) – Kenya by wansom.ai

A Petition for Grant of Letters of Probate for an Unadministered Estate is a formal application filed in Kenya when a person named as an executor in a valid will seeks the court’s authority to administer the portion of a deceased person’s estate that has not yet been managed or distributed. This petition is jurisdiction-specific to Kenya and is brought under the Law of Succession Act (Cap 160) and the Probate and Administration Rules, making it essential where an estate—or a portion of it—remains unadministered due to the death, incapacity, inaction, or failure of the previously appointed executor.

This document is intended for executors named in the will, beneficiaries, legal representatives, or persons with priority under the law who need the court to formally appoint a new administrator to complete the administration of the estate. It is particularly applicable where the original executor died before completing administration, failed to act, renounced executorship, or had their grant revoked. The petition ensures that the estate is not left incomplete, especially where property must still be collected, liabilities settled, or gifts distributed to beneficiaries.

The petition outlines the details of the deceased, attaches the original or certified copy of the will, identifies the unadministered portion of the estate, and explains why a new grant is necessary. It also lists all beneficiaries, indicates any trusts created under the will, and confirms that the applicant is willing and competent to act. Once filed in the High Court of Kenya (Family Division) or a magistrate’s court with succession jurisdiction, the petition may be gazetted and processed before a Grant of Probate (Unadministered)—also known as Letters of Probate de Bonis Non—is issued.

This document is essential for ensuring the lawful completion of succession processes, preventing property from remaining in legal limbo, and safeguarding beneficiaries’ interests in Kenya’s probate system.