OVERVIEW OF THE FUNCTIONS OF THE PUBLIC TRUSTEE/ ADMINISTRATOR GENERAL July 2016

VISION To be the trustee of choice through service excellence.MISSION To provide efficient and professional legal services in the administration of estates and trusts.

Mandate of the Department  Administration of estates of deceased persons under the Public Trustee Act Cap 168 and Law of Succession Act (Cap 160)  Administration of trusts for minors and persons living with mental disability under the Public Trustee Act Cap 168 and the Trustee Act (Cap 167)  Administration of Civil Servants Group Accident Policy funds/ insurance proceeds under Work Injury Benefits Act (Cap 236)  Acting as custodian trustee over property owned by public schools, colleges and other public institutions under the Public Trustee Act (Cap 168)  Performing the duties of the Estate Duty Commissioner under the Estate Duty Act (Cap 483)  Custodianship of Enemy Property under the Enemy Property Act.

The process of administration of estates by the Public Trustee A report of death is made to the Public Trustee by – Heirs – Employers – Anybody having an interest in an estate of a deceased person such as debtor or creditor – Appointment of Public Trustee by a testator under a will as Executor – Through a Court Order

The report must declare all the assets and liabilities of the deceased e.g., land, money in banks, shares, motor vehicles and debts accompanied by documentary evidence thereof. Ascertainment of heirs through the County/Deputy County Commissioner Obtaining consent from all the adult heirs Advertisement of the estate in the Kenya Gazette for Notice of Claims for 60 days Calling in of the assets Ascertainment and settlement of liabilities

The estate is then administered either; Under Summary Administration if the gross value of the estate is below Ksh. 500,000/= or By petitioning the Court for a Grant of Letters of Administration if the gross value is above Ksh.500,000/= A Certificate of Summary Administration is issued, signed and sealed by the Public Trustee and the estate is distributed in accordance with the law Summary Administration

 A Petition is filed in court, the matter is advertised in the Kenya Gazette for objections and a Grant of Letters of Administration is issued  After the expiry of a statutory period of 6 months, an application for confirmation of grant is filed and heard by the court  A certificate of Confirmation of Grant is issued Obtaining a Grant of Letters of Administration

 Transfer of movable and immovable assets is done  Distribution of assets and funds is done  Accounts are passed in Court  File is closed

Administration of Trusts The Public Trustee administers the following trusts Trusts for minors and persons living with mental disability Acts as Custodian Trustee for public schools, colleges and other public institutions Charitable Trusts Wakf Trusts

Process of Administration of Trusts A trust file is opened The Public Trustee executes a Trust Deed and administers the trust estate until;  A minor attains the age of majority  A person living with mental disability gets well or dies  Otherwise directed by a court of law..

Administration of Civil Service Group Accident Policy funds/ insurance proceeds under Work Injury Benefits Act (Cap 236) These are payments made to dependants of a deceased person and does not form part of the estate The funds are therefore not subjected to the rigors of the Law of Succession Act (Cap 160)

Regional Presence The Department has established (12) Regional Offices in Nyeri, Embu, Machakos, Kisii, Nakuru, Eldoret, Kakamega, Kisumu, Mombasa, Garissa, Malindi and Meru.

ROLE OF THE COUNTY/DEPUTY COUNTY COMMISSIONERS The County /Deputy County Commissioners are ex-officio agents of the Public Trustee in their respective jurisdictions. They are mandated to administer an estate whose gross value does not exceed Ksh.100,000/= in counties/Sub Counties where the Public Trustee does not have offices. This mandate is given under rules 16 and 25 of the Public Trustee Rules.