Understanding De Bonis Non Intestate Succession

Navigating the complexities of de bonis non intestate in Kenya requires specialized legal expertise. This refers to situations where an executor or administrator of an estate has died before completing the administration, necessitating the appointment of a new administrator to finalize the estate. At Mwenda Njagi & Co. Advocates, we are recognized as top lawyers for de bonis non intestate Kenya, offering compassionate and efficient legal solutions to ensure the smooth distribution of assets according to law.

The Legal Framework for De Bonis Non Intestate Estates

The administration of estates in Kenya is primarily governed by the Law of Succession Act, Cap 160. When an executor or administrator dies before completing their duties, the court must appoint a new administrator under what is known as a grant 'de bonis non administratis' (of the goods not administered). This process falls under the jurisdiction of the High Court of Kenya, specifically the Succession Cause division. Understanding the nuances of the Act, including the preference for beneficiaries to act as administrators and the requirements for obtaining a new grant, is critical. Our firm’s deep understanding of probate and administration law ensures we can effectively guide you through these intricate legal pathways.

top lawyers for de bonis non intestate Kenya
Mwenda Njagi & Co. Advocates

Procedure for Appointing a De Bonis Non Administrator

The procedure for obtaining a grant de bonis non administratis involves filing a fresh succession cause or an application within the existing cause, depending on circumstances. This typically requires providing evidence of the deceased administrator's death, the original grant, and the unadministered assets. A citation may be necessary to notify interested parties, particularly if the deceased administrator’s executor is not pursuing the administration. The court will then consider applications for appointment, prioritizing close relatives of the original deceased. Mwenda Njagi & Co. Advocates meticulously prepares all necessary affidavits, petitions, and court documents, ensuring adherence to the Civil Procedure Rules and Succession Cause Rules.

Legal Representation in Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.

Investment in Expert Legal Support: Fees and Value

Lawyers discussing de bonis non intestate case in Kenya

The cost of legal representation for de bonis non intestate matters in Kenya can vary significantly based on the estate's value, the complexity of the existing administration, and the number of parties involved. Our fees are structured to provide clear value and transparency. For straightforward cases, initial consultations and document preparation might range from KES 30,000 to KES 100,000. For more complex administrations requiring extensive court appearances or litigation, costs can range from KES 150,000 to KES 500,000 or more. This investment ensures a competent and timely resolution, preventing further estate devaluation.

Frequently Asked Questions

What happens when the executor of a will dies before distributing the estate in Kenya?
If an executor dies before distributing the estate, a new administrator must be appointed by the court to obtain a grant 'de bonis non administratis' to complete the administration of the original deceased's estate.
Who can apply for a grant de bonis non intestate in Kenya?
Typically, close relatives of the original deceased, such as surviving beneficiaries or next of kin, can apply. The court usually prioritizes individuals who would have been entitled to administer the estate had the original administrator not died.
How long does the de bonis non intestate process typically take with Mwenda Njagi & Co. Advocates?
The duration varies, but with diligent preparation and clear documentation, Mwenda Njagi & Co. Advocates aims for efficient processing. A standard uncontested case can take 3-9 months. Complex or contested matters may require longer.