Administration of deceased’s estate without grant

(1) Where the estate of a deceased person consists of property of an estimated gross value not exceeding three million and the deceased has died intestate or left a will in such circumstances that the Public Trustee may apply for a grant of probate or letters of administration pursuant to section 6, the Public Trustee may take possession of, and administer the estate of, the deceased person without making an application under the Law of Succession Act (Cap. 160), to the court for probate or letters of administration, as the case may be, and no court fees shall be chargeable in respect of any such estate.
(1A) Where the Public Trustee takes possession of an estate under subsection (1), the Public Trustee shall draw a Certificate of Summary Administration entitling him or her to administer and distribute the estate.
(2) Where the estate of a deceased person consists of property of an estimated gross value not exceeding one hundred thousand shillings, the Public Trustee, on the application of any person to whom probate or letters of administration, as the case may be, might be granted under the Law of Succession Act (Cap. 160) may at any time after the expiration of fourteen days after the death of the deceased, grant to that person a certificate entitling him to administer the estate of the deceased person and to pay out of the estate any debts or charges, and to pay, remit or deliver any surplus to the person or persons entitled thereto according to law, or as he may be directed by the Public Trustee.
(2A) The proposed grantee of the Certificate of Summary Administration shall submit to the Public Trustee a statutory declaration verifying that the gross value of the deceased's estate does not exceed one hundred thousand shillings.
(3) The Public Trustee shall not be bound to grant a certificate under subsection (2) unless he is satisfied as to the title of the applicant and of the value of the property left by the deceased, either by oath of the applicant, or by such other evidence as he may require.
(4) The grant of a certificate under subsection (2) shall be a full and final discharge of the Public Trustee as against all persons from any further liability in respect of the estate concerned.
(5) Where a certificate is granted under subsection (2)—
(a) a fee shall be payable calculated at the rate of five per centum of the gross value of the estate;
(b) the holder of the certificate shall have, in respect of the assets specified in the certificate, the same powers and duties and be subject to the same liabilities, as he would have had or been subject to if letters of administration had been granted and confirmed to him, but shall not be required—
(i) to file accounts or inventories of the assets of the deceased before any court or other authority; or
(ii) to give any bond for the due administration of the estate;
(c) the Public Trustee may revoke the certificate on either of the following grounds—
(i) that the certificate was obtained by fraud or misrepresentation made to him; or
(ii) that the certificate was obtained by means of an untrue allegation of a fact essential in law to justify the grant though the allegation was made in ignorance or inadvertently, and, on revocation of the certificate, the holder thereof shall, on the requisition of the Public Trustee, deliver it up to the Public Trustee, but shall not be entitled to the refund of any fee paid thereon, and if that person wilfully and without reasonable cause omits to deliver up the certificate, he shall be guilty of an offence and liable to a fine not exceeding two thousand shillings, or to imprisonment for a period not exceeding three months, or to both such fine and imprisonment.