Section 8 of Public Trustee Act CAP 168: 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.

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Section 11 - Disputes to be decided on petition by the court

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Section 12 - Movable property to be realised

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Section 13 - Priority of Public Trustee’s fees and expenses

Notwithstanding any rule of law to the contrary, the fees payable to the Public Trustee under this Act and any rules made thereunder and any court fees and realization expenses and other charges...

Section 14 - Court may order partition of immovable property

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Section 15 - Power to collect, realize and hand over assets to Administrator-General

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Section 16 - Treatment of assets received from outside Kenya

(1) Where the administration of an estate has been committed to the Public Trustee and he receives assets which at the time of the death of the deceased were situated outside Kenya, those assets shall...

Section 17 - Duties of Public Trustee

(1) The Public Trustee may— (a) act as personal representative of a deceased person; (b) act as an ordinary trustee of any trust not prohibited under this Act or any other law; (c) act as a...

Section 18 - Appointment of Public Trustee as trustee by person creating trust

(1) Any person intending to create a trust other than a trust which the Public Trustee is prohibited from accepting under this Act may, by the instrument creating the trust, and with the consent of...

Section 19 - Appointment of Public Trustee as trustee by court

If the property is subject to a trust other than a trust which the Public Trustee is prohibited from accepting under this Act, and there is no trustee within Kenya willing or capable to act in the...

Section 20 - Custodian trustee

(1) Subject to any rules made under this Act, the Public Trustee may, if he consents to act as such, and whether or not the number of trustees has been reduced below the original number, be appointed...

Section 21 - Transfer of legacy, etc of minor or person suffering from mental disorder

If any person suffering from mental disorder, within the definition of that term contained in section 2 of the Mental Health Act (Cap. 248) of whose estate the Public Trustee has been appointed...

Section 22 - Security not required

The Public Trustee shall not be required by any court to enter into any bond or security on his appointment in any capacity under this Act.

Section 23 - Court orders

The court may make such orders as it thinks fit respecting any trust property vested in the Public Trustee or the interest or produce thereof.

Section 24 - Power to incur expenditure

The Public Trustee may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure on such acts as may be necessary for the proper care and management of any...

Section 25 - Other provisions regarding Public Trustee

(1) Deleted by Act No. 6 of 2018, s. 15. (2) The Public Trustee shall appoint such person or persons as he shall think fit to act as his agents in the managing, collecting and getting in of property...

Section 26 - Government liability for acts of Public Trustee

(1) The Government shall be liable to make good all sums required to discharge any liability which the Public Trustee, if he were a private executor, administrator or trustee, would be personally...

Section 27 - Rules

The Attorney-General may make rules for— (a) defining the duties of the Public Trustee; (b) defining the powers and liabilities of agents, appointing such persons as may be thought advisable to be...

Section 28 - Application of the Unclaimed Financial Assets Act (Cap. 494)

The provisions in the Unclaimed Financial Assets Act (Cap. 494) that require institutions to remit unclaimed assets to the Unclaimed Financial Assets Authority shall not apply to the Public Trustee.

Section 29 - Alternative dispute resolution

The Public Trustee may apply alternative forms of dispute resolution mechanisms to resolve disputes relating to the administration of estates and trusts.

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