Office of the Public Trustee

The Public Trustee is a statutory office established under the Public Trustee Act (Cap 235, Laws of Kenya). The office exists to provide professional trust, estate, and custodial services to the public, particularly where individuals may not have private trustees or legal representatives. It operates under the oversight of the Attorney General and functions as an independent public service institution.

Section 8 of the Public Trustees Act allows the Public Trustee to administer estates whose estimated gross value does not exceed Kenya Shillings Three Million (Kshs.3,000,000/=) without making an application to court to administer the estate. This, in essence, will help parties avoid court costs typically incurred in making applications to court for letters of administration

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Instances when you might need the Public Trustee

a)      When a loved one passes away and there is no executor or administrator available.

b)      To manage the property or financial affairs of minors or persons unable to manage their own affairs.

c)      When a trust needs a neutral, professional trustee to manage assets according to the law.

d)      When the court appoints someone to oversee an estate or property due to disputes, incapacity, or absence of other suitable parties.

Primary Functions of the Public Trustee

1.       Administration of Estates

• The Public Trustee can act as an executor or administrator of estates for deceased persons.

• This includes managing assets, paying debts, distributing inheritance, and handling disputes where there are no suitable private representatives.

• Preparation of accounts and reporting to beneficiaries or courts.

• Ensuring compliance with relevant statutes such as the Probate and Administration Act, Trustees Act, and Income Tax Act.

2.      Management of Trusts

• The office can act as a trustee for charitable, family, or private trusts.

• It ensures that trust property is managed according to the terms of the trust deed and applicable law.

3.      Custodian of Assets

• The Public Trustee safeguards funds or property on behalf of minors, incapacitated persons, or other beneficiaries.

• This includes overseeing investment of funds and ensuring proper record-keeping.

4.     Appointment in Legal Proceedings

• Courts can appoint the Public Trustee to manage estates or properties in cases where conflict of interest or incapacity prevents other parties from serving.

• This often applies in bankruptcy, missing persons, or disputed estates.

5.      Acting as Personal Representative

• In instances where no executor or administrator is available or willing, the Public Trustee steps in to ensure continuity of estate administration and protection of beneficiaries’ interests.

General Procedure for Petitioning the Public Trustee

1. Meeting with one of the officers at the office of the Public Trustee and completing a report of death form (Public Trustee (PT) Form 1) which should contain information on the assets and liabilities. The following documents will accompany PT Form 1:

   a) Two (2) certified copies of the Death Certificate;

   b)  Certified copies of the national identity cards for adult beneficiaries and birth certificates for minors (if any); and

   c) Copies of documents proving ownership of assets i.e. ATM cards, Title Deeds/Certificates of Title, motor vehicle logbooks, share certificates etc.

2. Payment of a file opening/administrative fee in respect of the deceased’s estate.

   
   

3. Based on the details in the report of death form, the Public Trustee will write a letter to the Deputy County Commissioner of the sub-county where the deceased resided prior to her death requesting for a list of all the legal beneficiaries of the deceased’s estate. Upon confirmation of the legal beneficiaries, the Deputy County Commissioner shall forward the list of the beneficiaries/heirs indicating names, age and identification details of the beneficiaries.

   
   

4. The adult beneficiaries will then be required to complete a consent form issued by the Public Trustee and witnessed by the area chief or advocate permitting the Public Trustee to administer the estate.

   
   

5. Requisition to the bank to obtain the balances in the deceased’s account at the time of death and obtain written confirmation of the amounts.

   
   

6. The Public Trustee shall then place a notice in the Kenya Gazette informing the public that the person is deceased and the Public Trustee intends to administer the estate. Any person with an interest i.e. creditors will be required to appear before the Public Trustee and prove their debts within thirty (30) days from the date of publication.

   
   

7. The Public Trustee will then draw up a Certificate of Summary Administration entitling them to administer and distribute the amount held at the Bank which is equivalent to a grant of letters of administration.

   
   

8. The Public Trustee shall finally prepare a Distribution Account which will then be presented to the yourself for perusal and approval to pave way for final payment.

Conclusion

The Public Trustee serves as a neutral, professional guardian of estates and trusts, particularly in situations where there is no private individual capable or willing to act. The office plays a vital role in protecting vulnerable beneficiaries, maintaining public confidence in estate administration, and preventing mismanagement or abuse of trust property