Requirements For Letters Of Administration In Uganda
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person’s estate where property will pass under Intestacy Rules or where there are no executors living having been validly appointed under the deceased’s will.
Requirements For Letters Of Administration In Uganda
How to obtain Letters of administration; (where a person died without leaving a will)
If the person applying is not the widow of the deceased, then that person must first obtain a Certificate of No Objection from the office of the Administrator General.
A person presents a Petition to court praying for a Grant of Letters of Administration.
The petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on.
When filing the petition in court, the requisite filing fees (UGX 6,000) must be paid in the bank and evidence of payment attached to the petition.
The notice of the petition will then be advertised in the newspapers for a period of 14 days.
A person who has a reason as to why the petitioner should not be granted the Letters of administration may lodge a Caveat in court.
If no caveat is lodged, then the petitioner will be granted Letters of administration by court.
Who can petition for Letters of Administration?
Any person of the age of twenty one years or above who is also of sound mind and is related to the deceased either by blood or by marriage.
Where should a petition for Letters of Administration be filed?
The petition should be filed in the court with jurisdiction where the property of the deceased is located.
If the property of the deceased exceeds fifty (50) million shillings then the petition must be filed in the High Court.
If the property of the deceased does not exceed fifty (50) million shillings then the petition may be filed in the Chief Magistrates Court.
How to obtain a Grant of probate (Where a person died and left a will)
- A person presents a Petition to court praying for a Grant of Probate.
- The procedure followed hereafter is similar to the procedure laid out above.
How long does it take to apply for letters of administration?
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly.
What does a letter of administration contain?
A letter of administration is an official document that gives the person named in the letter the legal right to access the assets, money and property of a person who’s died without a will, pay their remaining taxes and settle their debts.
Why are Letters of Administration required?
A grant of letters of administration may be required if your loved one died without leaving a will. It may also be required if your loved one made a will but the executors are unable to deal with the estate. In this scenario, the document is known as a grant of letters of administration with will annexed.