STEPS FOLLOWED TO ADMINISTER THE ESTATE OF THE DECEASED IN
UGANDA.
STEP 1.
To process a death
certificate
Process a death certificate of the
deceased (short death certificate can be obtained at the sub county or division
offices, municipal council and the long/National death certificate with NIRA
under the Registration of Persons Act,
2014.
STEP 2.
Report the death of
the deceased (Section.4 of the Administrator General’s Act, Cap 157)
The local council chairperson makes a
report proving that the person actually died by an ordinary letter addressed to
the Administrator General and must be accompanied by a death certificate. Return file to the registry of Administrator
General’s office to the registry, the officer must verify whether such a report
has not been made before and upon successful verification, the file is
sanctioned, opened and assigned to a state attorney in the administrator
general’s office. The Administrator
General shall cause a meeting of all beneficiaries and stake holders the family
elect persons to be granted certificate of no objection. If it is the
deceased’s widow who is applying for Letters of administration, there is no
need for a certificate of No objection. Also,
where the Estate is below UGX. 50,000,000/=, there is no requirement for
a certificate of no objection.
STEP 3 - Preparation
of the petition for letters of administration under section 246 of the
Succession Act Cap 162
STEP 4 - Assessment
and payment of fees to the bank,
Petition is Ug shs 6000/= The Judicature (Court Fees, Fines and Deposits)
Rules SI 13-3 Proceed to Court to obtain the general receipt
from the Cashier upon presentation of your bank receipt and is duly
verified.
STEP 5 - Filing of the petition in the Court
registry
Upon successful filing, after a few days the Registrar
issues notice of application duly signed and sealed and which must be gazetted
in the newspaper of wide circulation form is provided for under Rule 5 of the Judicature (Administration of
Estates) Rules S.I 13-7 -first schedule
of the Rules
STEP 6 Gazetting
Rule
2 of the Judicature (Administration of Estates) Rules S.I 13-7
Court shall not grant the application for
petition of letters of administration unless 14 days have elapsed from the date
of publication of notice Rule 3 of the
Judicature (Administration of Estates) Rules S.I 13-7 Its Court to
determine which paper is of wider circulation.
Step 7
Fixing the date for
Identification
Upon expiration of 14 days from the date
of publishing notice of application the applicant or his advocate shall return
to court to obtain an identification date with the following documents in
original or certified copies in case original are lost or not found:
a. An original copy of newspaper advert of
the notice of application Rule 4 of
the Judicature (Administration of Estates) Rules S.I 13-7
Original copy of certificate of
objection
b. Certified true copy of minutes from
Administrator General leading to issue of certificate of no objection
c. Original copy of the death
certificate
d. LC letter introducing the petitioner to
Court, addressed to the Registrar
High Court
e. Identification form duly filled, with
national ID of applicant and also his or her passport photo attached and
endorsed by chairperson of his area.
f. A duly signed administration bond Section 260 of the Succession Act Cap 162:
Rule 3 of the Judicature (Administration of Estates) Rules S.I 13-7 under form in 2nd schedule to the
rules.
This process is conducted by the
Registrar, once it’s concluded, the file is forwarded to the judge for grant of
letters of letters of administration and is to ensure administrators understand
their role and also interview them to avoid imposters.
Step 8
Grant of letters of
administration under Section 259 of Succession Act 162,
Once the Judge is satisfied with the
petition he or she shall issue letters of administration under section 192 they entitle the
administrator to all rights belonging to the intestate.
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