Transfer by Personal Representative to Person Entitled Under a Will or on Intestacy in Kenya (Form LRA 42)

A Transfer by Personal Representative to Person Entitled Under a Will or on Intestacy (Form LRA 42) is an official document used in Kenya to transfer property from a deceased person's estate to the rightful beneficiaries. This jurisdiction-specific form is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rule 57(1). It enables executors or administrators to formally distribute estate property to heirs named in a will or entitled under intestacy laws, completing the succession process.

This form is intended for executors, administrators, personal representatives, estate trustees, beneficiaries, heirs, family members, and their legal advisors involved in estate distribution. It is used after estate administration is complete to transfer property to persons entitled under a valid will or, in cases of intestacy (no will), to statutory heirs as determined by succession laws. This is the final step in succession, moving property from the personal representative's control to the beneficial owners.

The form requires the title number, date, name of the deceased proprietor, date of Grant of Will or Letters of Administration, date of confirmation, names of the transferor(s) as personal representative(s) of the deceased's estate, and names of the transferee(s) as persons entitled under the estate. If multiple beneficiaries receive the property, they must declare whether they will hold it as joint proprietors or as proprietors in common with specified undivided shares clearly detailed in the document.

Both the personal representative (transferor) and the beneficiaries (transferees) must execute the transfer with colored photographs, identification or passport numbers, PIN numbers, and signatures verified by certifying officers under Section 45 of the Land Registration Act. Once registered and sealed by the Land Registrar, ownership legally passes from the estate to the beneficiaries, completing the succession process and giving heirs full proprietary rights within Kenya's land registration and inheritance framework.

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