When a person dies without leaving a valid will, there is a process for beneficiaries to follow which includes the following;
1) Please get a death certificate following the passing of the intestate person (a person who passes away without leaving a legal will)
2) Hold a family meeting to appoint an administrator.
3) After that, proceed to the Administrator General‘s Office and open a file for the estate of the deceased.
4) There is a form in the file that you can use to notify the Administrator General of the death of the deceased.
5) The report contains full particulars as to the property of the deceased as far as ascertainable, names of the deceased’s children with their corresponding age, surviving relatives, persons who wish to apply for Letters of Administration, whether the deceased left a Will or whether they believe the will exists among others.
7) Upon the return of the file containing report of death to the Administrator General’s Office, it is allocated to a State Attorney who causes a meeting of the family members either to be held at Administrator General’s Office (Georgian house) or at the Chief Administrative Officer’s office of the district where the deceased was resident.
8) In that meeting, questions (including but not limited to the following) will be asked;
- Whether the deceased left a will.
- Whether the deceased left a widow or a widower.
- Whether the deceased had any the dependents.
- Whether the deceased was survived by any Children and the ages of the children.
- Whether the deceased gave out some of the property before his or her death
- Persons who the family has chosen to be granted a Certificate of No Objection.
9) The beneficiaries have to sign a consent to that effect.
10) After the family meeting by the Administrator General, if he is satisfied with the information provided, he will then grant a Certificate of No Objection to the persons selected to be Administrators. The purpose of the CONO is to show that the Administrator General does not object to the grant of Letters of Administration to the Applicants.
The Court in which to file is determined by the estimate of the pecuniary value of the estate.
- If the value of the estate is 50 million or more, apply to High Court.
- If the value of the estate is between 20 million and 50 million, apply to the Chief Magistrate Court.
- If the value of the estate is 20 million or less, apply to the Magistrate Grade 1 Court.
12) In the Petition:
- State the time and place of the deceased’s death.
- Attach a death certificate
- State the Children and other relatives of the deceased and their respective residences.
- State the right on which the Petitioner founds his claim.(The relationship of the Petitioner with the deceased)
- Name the property left by the deceased and also state that the property is within the jurisdiction of the Court where the application is filed.
- State the estimated value of the estate.
- State that the Petition is consented to by all the beneficiaries and is not objected by the Administrator General.
- Attach minutes of the family meeting and the Certificate of No Objection.
- Indicate that the Petitioners are above 18 years, fit and proper persons to apply for the same and that are desirous of administering the estate.
- The petition needs to be signed by the petitioners and verified by either a Magistrate, Judge or Commissioner of Oaths.
- The Petition should also be accompanied by a declaration by the petitioner.
- In the declaration, the petitioners swears to administer the estate lawfully, exhibit a true and perfect inventory (report) as per the law.
The application (Petition) is filed together with a Notice of Application for grant of Letters of Administration.
13) The Petitioner has to pay court filing fees for the application.
14) When the application has been duly filed and the Notice of application signed by either a Magistrate, Chief Magistrate, Registrar or Deputy Registrar, the Applicants are required to advertise the notice in the Uganda gazette and a Local Newspaper for a minimum of 14 days.
15) Any person who wants to object to the grant of Letters of Administration must notify the Court advertising the application for letters of Administration within 14 days from the time the application is made.
16) Any person (with a good cause) objecting to the application can lodge a caveat to that effect.
17) The Applicant has to a file a copy of the newspaper that has the advert with Court.
18) When filing the applicant must file; a copy of the Newspaper, the applicant must also file an of identification form duly verified by the Area Chairperson L.C.I, an introduction letter from L.C.I and also a copy of the Administration Bond.
19) The Applicant is then given a date on when to appear for identification.