REPUBLIC OF KENYA
SUCCESSION CHECKLIST
LIMITED GRANT AD LITEM
1. Petition- Form 90 B.
2. Affidavit in Support- Form 19.
3. Consent- Form 38 duly executed.
• All adult beneficiaries to sign.
4. Original Police Abstract duly certified (where applicable).
• In any other case such appropriate evidence on cause of
action to be availed.
5. Original Death Certificate accompanied by a duly certified copy.
6. Original Introduction Letter from Local Chief.
• Letters to clearly state that deceased hailed from their
jurisdiction, all beneficiaries including minors, their
relationships with the deceased and their respective age.
• Letter to have contact telephone or mobile numbers of the
authors.
7. A draft pleading clearly indicating the parties.
• In case a suit is already filed, to attach certified copies of
pleadings.
8. Duly certified copies of the Identity Card of the Petitioner (s) and all
adult beneficiaries.
9. If any of the beneficiary (ies) is a minor, the Petitioners MUST be more
than ONE.
10. If a man dies and is survived by a wife, the wife MUST be one of the
wife MUST be one of the Petitioner (s).
=====================================
Limited Grant ad litem under Section 54 and the 5th Schedule P&A 47“A”
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
P&A CAUSE NO. ………………....
IN THE MATTER OF THE ESTATE OF …………………………… (DECEASED)
LIMITED GRANT OF LETTERS OF ADMINISTRATION AD LITEM
Be it known that Letters of Administration ad Litem of all the Estate of the above
…………………………………………………………… who died domiciled in Kenya on
………………………………………… which devolves to and vests in his/her Personal
Representatives but limited to the purposes only for
………………………………………………………………………………………………………
…………………………………………….., and until further representation is granted by
this court to
……………………………………………………………………………………..………..
THEY/HE/SHE having undertaken to administer such estate according to law (limited
as aforesaid) and until further representation be granted and render a true and just
account thereof whenever required by law to do.
Issued by the High Court through the Registry at Nairobi this …………… day of
……………………. 2009.
JUDGE
HIGH COURT OF KENYA
REPUBLIC OF KENYA
SUCCESSION CHECKLIST
LIMITED GRANT AD COLLIGENDA BONA
1. Petition- Form 85
2. Affidavit in Support
3. Consent- Form 38 duly executed.
• All adult beneficiaries to sign.
4. Original Death Certificate accompanied by a duly certified copy.
5. Original Introduction Letter from Local Chief.
• Letters to clearly state that deceased hailed from their
jurisdiction, all survivors, their relationships with the
deceased and their respective ages.
• Letters to have contact telephone or mobile numbers of
the authors.
6. Documentary evidence of the Deceased’s property to be collected,
preserved or protected include Title documents, Bank Account Nos...,
Motor Vehicle registration books (Log books), official searches, share
certificates, etc, if applicable.
7. Duly certified copies of the Identity Cards of the Petitioner (s) and all
adult beneficiaries.
====================================
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. …………….
IN THE MATTER OF THE ESTATE OF …………………………….. (DECEASED)
LIMITED GRANT OF LETTERS OF ADMINISTRATION AD COLLIGENDA BONA
Be it known that letters of administration ad colligenda bona of all the estate of the above named
…………………………………………. late of …………………………. who died domiciled in
the Republic of Kenya on …………………………………….. which by law devolves to and vests
in his personal representative but limited only for the purpose of
………………………………………………. and until further representation were granted by this
court to ………………………………………………….. he having undertaken faithfully to
administer such estate according to law (limited as aforesaid) and until further representation be
granted and render a true and just account thereof whenever required by law so to do.
ISSUED by the High Court in NAIROBI this …………………day of …………………… ………….
JUDGE OF THE HIGH COURT OF KENYA AT NAIROBI
REPUBLIC OF KENYA
SUCCESSION CHECKLIST
INTESTATE PETITION WITH BENEFICIARIES UNDER/ABOVE
18 YEARS
1. Petition- Form 80
2. Affidavit in Support- Form 5
3. Consent- Form 38 duly executed (where applicable)
• All adult beneficiaries to sign.
4. Affidavit of justification of Surety (Form 11).
5. Affidavit of means by Proposed Administrators (Form 12).
6. Guarantee by Sureties
7. Original Death Certificate accompanied by a duly certified copy.
8. Certificate of Thumb Print/Illiteracy by an Advocate.
9. Original Introduction Letter from Local Chief.
• Letter to clearly state that deceased hailed from their
jurisdiction, all beneficiaries/survivors including minors, their
relationships with the deceased and their respective ages.
• Letters to have contact telephone or mobile numbers of the
authors.
• Documentary evidence of the Deceased’s Assets (including
Title documents, Bank Account Nos….., Motor Vehicle
Registration books (log Books), official searches, share
certificates, etc if applicable)
10. Duly certified copies of the Identity Card of the Petitioner (s), all
adult beneficiaries and Sureties.
11. If any of the beneficiaries/survivors is a minor, the Petitioners
MUST be more than ONE.
12. If a man dies and is survived by a wife, the wife MUST be one of
the Petitioners (s).
==================================
FORM 80
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO…………….……….. 20……….
IN THE MATTER OF THE ESTATE OF ……………………………… (DECEASED
We/I, ……………………..………………………… of P.O. Box ……………………..
HEREBY PETITION this Honourable Court for a grant of letters of Administration intestate of
the estate of the above named …………………………………..………. who died on the
……………………………..
AND SAY as follows:
The deceased died intestate domiciled in Kenya.
I/We, present this petition in our capacity as ……………… ……………..
Every person having an equal or prior right to a grant of representation herein has
consented hereto (or has renounced such right or has been issued with a citation to renounce such
right and apply for a grant of representation and has not done so.
We will faithfully administer according to law all the estate which by law devolves upon
and vests in his personal representative of the deceased and we will render a just and true
account of such estate whenever required by law so to do and we will when required by this
court deliver up thereto the said grant.
…………………………….…………..
…………………………….…………..
Signed by the above named… ……………………..
In the presence of ……………………………………
P&A 12
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO…………………….. 20………….
IN THE MATTER OF THE ESTATE OF ……………………………………..
(DECEASED)
AFFIDAVIT OF JUSTIFICATION OF PROPOSED ADMINISTRATOR
We/I ………………………………………………………………….. of P.O. Box
……………………………………. having petitioned this Honourable court for a grant of
letters of administration intestate of the estate of the above named
……………………………………………… who died on ………………………….. make oath
and say as follows:-
1. I/We are after payment of all our just debts and having taken into account of all my
liabilities well and truly worth net of such debts and liabilities in immovable and
movable assets in Kenya at least the sum of Kenya shillings
…………………………………...
2. The facts herein deponed to are known to us of our personal knowledge.
SWORN at NAIROBI
This……………………………………….day
of …………………………………………… 2014.
Before me:
…..…………………..
. ……………………..
DEPONENT
Commissioner for oaths/Magistrate
P&A 5
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. OF 20…………..
IN THE MATTER OF THE ESTATE OF …………………………….(DECEASED)
AFFIDAVIT IN SUPPORT OF PETITION FOR LETTERS OF ADMINISTRATION
INTESTATE
We/I, ………………………… ……………… of P.O. Box ……………………….…….
jointly and severally make oath and say as follows:-
1. The full name of the deceased to whose estate the proceedings herein relate is
……………………………………………………… and we are the petitioners named in
the petition herein dated the ……………… day of ……………………. upon which we
have endorsed our name (s) at the time of swearing this affidavit.
2. The deceased died on the ……………………………. at ……………………… as
appears from the attached photocopy of the certificate of death marked ‘……’ upon
which we have written our names at the time of swearing hereof.
3. The deceased was at the date of his death domiciled in the Republic Kenya and his last
known place of residence was at ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.
4. The deceased died intestate and left the following surviving him: -
a) ………………………………………………
b) ……………………………………………….
c) ……………………………………………….
d) ……………………………………………….
e) ……………………………………………….
f) ……………………………………………….
g) ……………………………………………….
h) ……………………………………………….
i) ……………………………………………….
j) ……………………………………………….
k) ……………………………………………….
5. We are related to the deceased by reason of being his ……………………
6. The following is a full inventory of all the assets and liabilities by the deceased at the
date of his death (including such assets if any) as have arisen or become known since that
date.
i. ………………………………………..……
ii. ……………………………………………….
iii. ……………………………………….………
iv. ………………………………….……………
v. …………………………………………..……
vi. ………………………………………………
vii. ……………………………………………….
Total estimated value shillings ……………………………….
LIABILITIES - ……………………………………
………………………………………….
7. The facts herein deponed to are known to us of our personal knowledge
Sworn at NAIROBI
This…………………………………………………… 20…………...
Before me:
……………………………………..
(Deponent(s)
Commissioner for oaths/Magistrate
Drawn& Filed By
P&A 57
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO………………… 20…………………..
IN THE MATTER OF THE ESTATE OF …………………………………….. (DECEASED)
Whereas the above named …………………………………………………..late of ……………………….
who died on the …………………………….. and ………………….. ……….. (hereinafter called “the
administrator’’) is the intended administrator of his estate:
NOW, we ……………………………. and ……………………….. of P.O. Box ………………… hereby
jointly and severally guarantee and agree as follows; -
1. We will when lawfully required to do so make good any loss which any person interested in the
administration of the estate of the deceased may suffer in consequence of the breach by the administrator
of his duty:-
a. To collect and get in the estate of the deceased and administer it accordingly to law.
b. When required to do so by the Court to exhibit on oath in court a full inventory of the said estate
and when so required to render an account of the estate; and
c. When so required by the courts to deliver up the grant to the court.
2. The giving of time to the administrator of any other forbearance of indulgence shall not in any way affect
our liability under this guarantee.
The liability under this guarantee shall be continuing and shall before the whole amount of the loss
mentioned in paragraph one above that our agreeable total liability shall not in any event exceed the sum of
Kenya Shillings ……………………………………………………..
DATED THE…………………………………………………
Signed, Sealed and delivered
by the within named
……………… …………………
………………………………….
In the presence of
Commissioner for oaths
P&A 11
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. ………………… 20……………..
IN THE MATTER OF THE ………………………………………………….
(DECEASED)
AFFIDAVIT OF JUSTIFICATION OF PROPOSED SURETIES.
We ……………………………………… and ……………………….. of P.O. Box …………………….
jointly and severally make oath and state as follows: -
1. We are proposed sureties on behalf of …………………………….. …………. the
intended administrator of the estate of the above named
…………………………………………. in the sum of Kenya Shillings ……………
………………………………………..
2. I, ………………………… for myself say that I am after payment of all my debts and
having taken into account all my liabilities, well and truly worth net of such debits and
liabilities in immovable and movable assets in Kenya at least the sum of Kenya Shillings
…………………………………………...
3. I, ……………………………………. for myself say that I am after payment of all my
debts and having taken into account all my liabilities, well and truly worth net of such
debits and liabilities in immovable and movable assets in Kenya at least the sum of
Kenya Shillings …………………………….
4. The facts herein deponed to are known to our personal knowledge
Sworn at Nairobi
This……………………………………………………………………
By:- 1: . .………………..
2. .………………….
Before me:
Commissioner for oaths/Magistrate
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. OF 20………………….
IN THE MATTER OF THE ESTATE OF ………………………………….. (DECEASED)
CONSENT TO THE MAKING OF A GRANT OF ADMINISTRATION
INTESTATE TO PERSON OF EQUAL OR LESSER PRIORITY
WHEREAS the above-named ……………………………………………who died on the
…………………………. intestate and representation has not been raised to his estate:
AND WHEREAS I ………………………………………………., undersigned are entitled
to apply for letters of administration to the estate of the said deceased in equality with
or priority to ……………………………………… but nevertheless am agreeable to the
said so applying.
NOW I, the said aforesaid do hereby consent to letters of administration to the estate
of the said deceased being granted to the said
…………………………………………………………………………….
Dated the …………………………………………….
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Signed by the said beneficiaries)
In the present of ……………………………………………………………..……)
REPUBLIC OF KENYA
SUCCESSION CHECKLIST
GRANT OF PROBATE TESTATE
1. Petition- Form 78, 3
• To be signed by the Petitioner (s) against their names.
2. Affidavit in Support.
3. Original Death Certificate accompanied by a duly certified
marked and endorsed copy.
4. Original Will accompanied by 2 duly certified copies.
5. Executor (s) who are appointed in the Will of the deceased to
apply.
• Form 101 to be filed where any of the Executor (s) had
renounced appointment.
• Avail an Original Certificate of Death where Executors (s)
has died.
6. Certificate copy of the Identity Cards (s) of the Executors (s) and
all adult beneficiaries.
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Form 41
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. ....................
IN THE MATTER OF THE ESTATE OF ............................
(DECEASED)
BE IT KNOWN that on the ..............................., Letters of
Administration Intestate of all the estate of
....................................... deceased late of
.......................................... who died domiciled in the REPUBLIC
OF KENYA on the ..................................... at
................................ which by law devolves to and vests in
his/her personal representative were granted by this Court to
......................................................, he/she/they having
undertaken faithfully to administer such estate according to law
and to render a just and true account thereof whenever required by
law so to do.
ISSUED by the High Court through the registry at NAIROBI IN
KENYA, THIS ....................................
Judge of the High
Court of Kenya at Nairobi.
REPUBLIC OF KENYA
SUCCESSION CHECKLIST
APPLICATION FOR CONFIRMATION OF GRANT
1. Summons for Confirmation of Grant- Form 108.
2. Affidavit in Support- Form 108.
3. Consent- Form 37
• All adult beneficiaries to sign.
4. Copies of the Identity Card of all be beneficiaries who are over 18
years old and who MUST attend Court for the confirmation.
5. In cases where there is/are minor beneficiary (ies), it must be clearly
stated who will hold the minor’s (s) shares IN TRUST and such a
person to swear an Affidavit confirming such an acceptance.
6. In the event the period between the filing of the Petition and the filing
of the Summons for confirmation of the Grant is more than 12
months, the party seeking to confirm the grant SHALL FILE FRESH
searched TOGETHER with the Summons for confirmation of the
Grant.
======================================
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. ............................
IN THE MATTER OF THE ESTATE OF .......................................... (DECEASED)
CERTIFICATE OF CONFIRMATION OF GRANT
I HEREBY certify that the above written grant of representation to the estate of
the late ............................................... issued to ........................................ therein
named has this ........................................................ been confirmed by the Court
pursuant to the provisions of section 71 of the Law of Succession Act AND it has
been directed that the deceased’s estate be distributed as follows:
Names Description of Properties Share of Heirs
Dated at Nairobi this.......................................................
.......................................
Judge of the High Court of Kenya, Nairobi
REPUBLIC OF KENYA
ADOPTION CHECKLIST
1. Chamber Summons for Application of Guardian Ad Litem and Report
by Director of Children Services.
2. Affidavit of fitness of proposed Guardian Ad Litem.
3. Consent of Guardian Ad Litem.
4. Original Summons.
5. Statement of Facts.
6. Affidavit in Support.
7. Annexures.
8. Report from adopting society, certificate freeing child for adoption to
be annexed.
========================================
REPUBLIC OF KENYA
ADOPT CAUSE NO……………………..OF…………………………..
CHECK-LIST
ADOPTION
NO. Document Date filed Amount Checked by
Kshs.
1 Chamber Summons 250
2. Prayers 150 per pray
3. Affidavit of fitness 75
4. Consent of guardian ad litem 75
5. Originating Summons 1,500
6. Prayers for Originating Summons 150 per prayer
7. Affidavit in Support, statement of 10 per annexed
facts
8. Report from adopting society/ 75
Certificate freeing child annexed
TOTAL TO BE PAID
CHECKED BY:
…………………………………………………………………………………
Deputy Registrar
Answer form-25 cross application Form 84 NO/YES
Appearance Form 26 NO/YES
Caveat Form 28 NO/YES
Application for Grant: No objection NO/YES
filed
Gazette Notice No……….of……….. NO/YES
file
