When a person dies, families are often left confused about how to handle the deceased person’s property.
In many cases, dependents, especially orphans, minors, and persons with mental disabilities, risk losing their inheritance due to a lack of information.
The Office of the Public Trustee (OPT) was established to protect vulnerable beneficiaries and ensure that estates are administered lawfully and fairly.
Office of the Public Trustee has the role to administer and supervise the estates of deceased persons, particularly where beneficiaries are minors, persons with mental disabilities, or where disputes and complications arise.
Beneficiaries of the Estates
An estate of a deceased person refers to all the property registered in his or her name.
It comprises the items including:
- Land/plots
- Money in the bank
- Employment benefits
- shares in limited liability companies
- Shares with land buying companies
- Motor vehicles
- Insurance proceeds
- Sacco shares and dividends
- Money held by debtors
According to the Law of Succession Act, beneficiaries are recognized in a specific order of priority to ensure the deceased’s estate is distributed fairly.
The Office of the Public Trustee specifically focuses on protecting vulnerable dependents, such as the orphaned children and persons with mental disabilities, who risk being excluded from inheritance.
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They include:
- Surviving spouse and children
- Father
- Mother
- Brothers and sisters (and children of deceased siblings)
- Half-brothers and half-sisters
Legal Steps to be Followed for Inheritance
1. Reporting the Death (PT Form 1)
The process begins by completing a Report of Death Form (PT Form 1), which is issued free of charge by the Public Trustee.
The form may be completed by a widow, widower, child, creditor, or any person with a legitimate interest in the estate.
The reporting must be witnessed by a Magistrate or Commissioner for Oaths.
Documents to submit with PT Form 1 include:
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Three certified copies of the death certificate
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Certified copies of national ID cards for adult beneficiaries
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Birth certificates for minors
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Proof of ownership of assets (title deeds, logbooks, bank documents, share certificates)
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An administration deposit (where no funds are already held)
Once submitted, the Public Trustee opens an official file for the estate.
2. Identification of Legal Beneficiaries
Using information from PT Form 1, the Public Trustee writes to the Deputy County Commissioner (DCC) of the area where the deceased last lived.
The DCC, through the area Chief, conducts investigations to identify all lawful beneficiaries.
After verification, a formal list of beneficiaries, including names, ages, and relationships, is forwarded to the Public Trustee.
3. Consent by Adult Beneficiaries
All beneficiaries who are 18 years of age or older must provide written consent for the Public Trustee to administer the estate.
Consent is provided using an official form issued by the Public Trustee and must be witnessed by a Chief or an Advocate.
This ensures transparency and agreement among adult beneficiaries.
4. Realization of the Assets
Once consent is obtained, the Public Trustee begins the realization of the estate assets, which includes:
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Obtaining bank balance certificates
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Valuing movable and immovable property
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Conducting official land searches
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Identifying debts and liabilities
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Ascertaining the value and number of shares
This process establishes the true value of the estate.
5. Gazettement or Court Petition
For estates valued at Ksh 3 million or less, the Public Trustee publishes a Kenya Gazette notice inviting anyone with an interest in the estate to lodge a claim within 30 days.
For estates exceeding Ksh 3 million, the Public Trustee files a court petition for a Grant of Letters of Administration.
In areas where there are no Public Trustee Offices, the Deputy County Commissioners have jurisdiction to administer estates whose gross value falls below Ksh 100,000.
6. Confirmation of Grant
After six months, the Public Trustee applies for confirmation of the grant, supported by:
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Consent to confirmation
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Agreement on the mode of distribution
The court then issues a Certificate of Confirmation of Grant, authorizing transfer of assets to beneficiaries.
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7. Distribution and Finalization
The Public Trustee prepares a distribution account detailing:
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Each beneficiary’s share
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Expenses and disbursements
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Final payable amounts
All verified debts are settled before payment. Beneficiaries review and approve the account, after which it is presented to court for final discharge.
If all beneficiaries are under 18 years old, the Public Trustee opens trust accounts.
Funds are invested, and advance payments may be made for school fees, medical care, and urgent needs.
Required documents include:
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Birth certificates
-
Court orders or guardianship orders
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Medical reports (for persons with mental disabilities)
The trust ends when the beneficiary turns 18, upon presentation of a national ID.
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