GRANT OF PROBATE AND LETTERS OF ADMINISTRATION IN TANZANIA
The administration of a deceased person's estate in Tanzania is a legal necessity governed by the Probate and Administration of Estates Act and the Probate Rules.
The application process differs significantly depending on whether the deceased died testate (left a valid Will) or intestate (died without leaving a valid Will).
The Grants
| Grant Type |
Circumstance |
Applicant |
| Probate |
The deceased died testate (left a Will). |
The Executor named in the Will. |
| Letters of Administration |
The deceased died intestate (without a Will). |
An Administrator appointed by the court, typically after a family/clan meeting. |
| Letters of Administration (with Will Annexed) |
The deceased left a Will, but no executor was named, or the named executor is unwilling or unable to act. |
An Administrator appointed by the Court. |
Jurisdiction: Where to apply the proper court for the application depends on the value of the estate and the deceased's fixed place of abode.
Documents to Accompany the Petition:
- Petition for Probate: Filed in the prescribed form (e.g., Form No. 18 or 19 of the First Schedule to the Rules).
- Original Will and Codicils: The last will of the deceased and any codicils.
- Death Certificate: A certified copy of the deceased's death certificate.
- Executor's Oath: An affidavit swearing to duly administer the estate.
- Affidavit of Attesting Witness: An affidavit from an attesting witness to prove the proper execution of the Will.
- Affidavit of Domicile: An affidavit stating the deceased's domicile (place of permanent residence) at the time of death.
- Affidavit of Assets and Liabilities: An affidavit by the executor describing all property and stating the estimated value of the personal estate.
Application for Grant of Letters of Administration
Where the deceased died without a Will, the family or clan convenes a meeting to appoint a suitable person to administer the estate (the Administrator). This person then applies to the court.
Application Procedure:
- Petition for Letters of Administration: Filed in the prescribed form (e.g., Form No. 27 of the First Schedule to the Rules).
- Minutes of Family/Clan Meeting: Minutes confirming the appointment of the Administrator.
- Death Certificate: A certified copy of the deceased's death certificate.
- Administrator's Oath: An affidavit swearing to duly administer the estate.
- Affidavit of Domicile: An affidavit stating the deceased's domicile.
- Affidavit of Assets: An affidavit by the applicant proving and stating the necessary facts, including the estimated value of the estate.
- Administration Bond: The applicant must enter into an administration bond, typically in double the amount of the estate, with two or more sureties, guaranteeing the due administration of the estate.
General Court Procedure
Once a petition for either Probate or Letters of Administration is filed, the process involves public notification to allow for objections:
- General Citation: The court issues a General Citation (Form No. 58 of the Rules) to inform the public of the application. This notice is typically advertised at the court and in a daily circulating newspaper.
- Caveat (Objection): Any interested party who wishes to oppose the grant (Caveator) must lodge a formal Caveat (Form No. 62 of the Rules).The caveat must be lodged within fourteen days (or other prescribed period) from the last date of the citation's publication.
- Contentious Proceedings: If a Caveat is successfully lodged, the proceedings become contentious. The petitioner must then cite the caveator to appear, and the matter proceeds as a normal civil suit.
- Grant: If the required time elapses without a successful caveat, the court may grant the Probate (Form 66) or Letters of Administration (Form 68). The grant empowers the executor or -administrator to manage and distribute the deceased's assets.
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