ADMINISTRATION OF ESTATE AFTER THE OWNER’S DEATH IN TANZANIA
Executor or administrator can administer deceased estate. Deceased estate is administered by executor when the owner died testate and appointed an executor through the deceased will. Deceased’s estate is administered by an administrator when the owner died intestate or sometimes the owner died testate but his or her will did not appoint any person to act as an executor.
How To Administer Deceased Estate?
This can be by petitioning for probate or letters of administration of the deceased estate. Whereas petition for grant of probate can be initiated after expiry of seven days after the death of the estate owner. And, petition for grant of letters of administration of deceased estate is to be made after expiry of 14 days after the death of the deceased estate.
Once probate or letters of administration of the deceased’s estate executor or administrator gets full authority in managing deceased estate affairs including assets collection, preservation and distribution also settling of the deceased debts. Executor or administrator is duty bound to settle deceased debts first prior to distribution of the assets to the beneficiaries.
Where To Petition for Grant Probate and Letters of Administration?
Original Jurisdiction to grant probate and letters of Administration is vested with Primary courts, District Courts, District Delegate and High Court depends on the nature of the case.
Primary courts, deals with probate and administration of estate only of customary and Islamic nature. Thus, value and size of the estate of the deceased here does not matter.
District court, District court is vested with the jurisdiction to deal with small estate which should not exceed one hundred million shillings.
District Delegate
All Resident Magistrates with one year of experience are vested with the unlimited jurisdiction to entertain non contentious matter and jurisdiction on contentious is limited up to 15,000/= TZS
High Court
The High court has unlimited jurisdiction in granting probate or letters of administration of estate of the deceased.
What are the Procedures of Probate and Administration of Estate of Deceased Person both Testate and Intestate?
1. Petitioning for probate or letters of administration of estate
2. Then the court will issue a general citation to the public so that whoever with interest may enter caveat.
3. Thus, if caveat is entered, the caveat will be served to the petitioner and the petitioner will be obliged to issue citation to the caveator through Form No. 63 and the petitioner will be provided with Form No. 64 which will be issued to the petitioner by the Registrar. Then petitioner will have to collect all the documents together with a copy of the petition and provide them to the Caveator.
4. Then after being issued with all the documents and gone through all the issued documents if he supports the grant of either Probate or if it is an administrator grant of letters of administration of the estate then the caveator will file statement of supporting the grant but if the caveator do not support the grant then he or she will enter appearance through a prescribed form No. 65 from Probate Rules this form shall be accompanied with an Affidavit which will provide ground for entering caveat.
5. Then here the matter will be contentious thus the petitioner will be a Plaintiff and the Caveator will be a Defendant the proceedings will proceed as usual just like in civil matters but there will not be First PTC nor Mediation the matter will start with framing of the issues.
NB: the magistrate or Judge who determined the Caveat will not be allowed to her the case proceedings. Thus, the Proceedings will be determined by a different Magistrate or Judge and judgment will be enter if it is in favour of the Petitioner he or she will proceed with administration of the deceased’s estate and the Caveator if aggrieved with the decision the remedy available is to Appeal against the decision.
NB: Caveat is entered to challenge before grant of Probate AND Letters of Administration. If the Petitioner has already been granted then whoever wants to challenge can challenge the grant through revocation of the grant of Probate or Letters of Administration by way of Chamber Summons and Affidavit.
6. Once Probate or Letters of administration have been granted the executor or administrator has to collect all the deceased assets by doing that he or she has to identify all the deceased properties and liabilities and listing all the deceased properties together with the list of liabilities if there are debts the creditors names should be listed in the inventory if any, and prepare an inventory through a prescribed form No. 80 within six months or if six months have lapsed the executor or administrator has to apply for extension of time to finish preparing and filing the inventory after the grant of Probate or Letters of administration. An inventory should show all the deceased assets and liabilities.
Deceased assets include but not limited to immovable properties, movable properties such as cash, motor vehicles, stocks and shares, interests in a business, book debts, insurance policies, furniture and other properties.
Liabilities such as mortgages, funeral expenses and other debts.
7. Then after collection and identifying assets and liabilities of the deceased the executor or administrator is responsible to notify all the creditors if any ans settle any outstanding debt before distribution of the assets to the beneficiary is initiated. And duringthis stage and all other stages which requires the executor or administrator to make any decision regarding the estate of the deceased has to involve the beneficiaries for the sake of awareness of all the decisions
8. Then finally executor or Administrator has to prepare Accounts though a prescribed form No. 81 within one year after a grant of Probare or Letters of administration, final accounts contain information showing the value of the estate as per the inventory and what was realized, payments of expenses such as funeral expenses and administration expenses also payment of debts and finally and what is now available for distribution and how the same has will be distributed to each of the beneficiary.
9. Then present the final accounts to the court for approval and the heirs will be summoned to court to either object or agree to the inventory fields and the distribution of the deceased estate as shown in the submitted final accounts.
10. If there is an objection the court will order for the same to be cleared after it is cleared, the court will issue an order for the remaining estate to be distributed as provided in the final accounts.
11. After the distribution the administrator will inform the court of the completion of the distribution of the estate then apply to be discharged from duties of the administration of the deceased estate.
Contact Us
