In Te Matter of the Petition for laters of Administration of the estate of the late Flaviana Nicholaus Kifizi By Yasinta Baltazar Daud (Probate & Administration Cause 13 of 2021) [2022] TZHC 756 (30 March 2022)

TanzLII

Automated Summary

Deceased Name

Flaviana Nicholaus Kifizi

Key Facts

The petitioner Yasinta Balthazar Daud sought letters of administration for the estate of her daughter Flaviana Nicholaus Kifizi, who died intestate on 20/04/2021. The deceased left properties including houses in Shinyanga and Mwanza, motor vehicles, and bank accounts. The petitioner was appointed by a family meeting on 08/05/2021 and no objections were raised after a general citation in the Mwananchi Newspaper. The court ruled in favor of the petitioner, deeming her fit to administer the estate valued at approximately Tsh. 195,582,000/=-.

Issues

The court determined that Yasinta Balthazar Daud is a fit person to administer the estate of the deceased Flaviana Nicholaus Kifizi, who died intestate, based on the submitted petition and supporting documents. The ruling confirms her appointment under the Probate and Administration of the Estate Act, Cap 352 RE. 2019.

Date of Death

2021 April 20

Holdings

  • The appointed administrator is to be given a letter of appointment as administrator of the estate.
  • The administrator must collect the deceased's properties, pay the deceased's debts, and distribute the estate to her heirs.
  • The administrator is required to file an inventory of the estate and file accounts to close the administration process.
  • The court is satisfied that the petitioner, Yasinta Balthazar Daud, is a fit person to administer the estate of the deceased, Flaviana Nicholaus Kifizi, and hereby appoints her as administrator under Section 33(1) and (4) of the Probate and Administration of Estate Act, Cap 352 RE 2019.

Estate Value

195582000.00

Remedies

  • The appointed administrator be given a letter of appointment as administrator of the estate of the deceased.
  • The appointed administrator should file inventory of the estate and file account thereby closing the administration process.
  • The appointed administrator should carry out her duties of collecting the properties of the deceased, paying debts owned by the deceased, distributing the estate of the deceased to her heirs.

Will Type

Intestacy

Probate Status

Letters of administration granted to Yasinta Balthazar Daud for the estate of Flaviana Nicholaus Kifizi.

Legal Principles

The court applied the statutory criteria for appointing an administrator under the Probate and Administration of Estate Act, Cap 352 RE 2019 (section 33(1) and (4)), relying on the petitioner's submission of required documents and unchallenged status to determine her suitability for administering the deceased's estate.

Succession Regime

Common-law intestacy applies as the deceased died without a will.

Executor Name

Yasinta Balthazar Daud

Cited Statute

  • Probate and Administration of Estate Act, Cap 352 RE 2019
  • Probate Rules GN 369 of 1963

Executor Appointment

Court appointed administrator of the estate of Flaviana Nicholaus Kifizi under Section 33 of the Probate and Administration of Estate Act, Cap 352 RE 2019.

Judge Name

  • M. Mnyurwa
  • M. Mnyukwa

Beneficiary Classes

  • Child / Issue
  • Other

Passage Text

  • After I examined the petition and the documents filed in support of it, I am satisfied that, the petitioner Yasinta Balthazar Daud is a fit person to administer the estate of the deceased. Therefore, she is hereby appointed in terms of section 33 (1) and (4) of the Probate and Administration of the Estate Act, Cap 352 RE. 2019 to administer the estate of the late Flaviana Nicholaus Kifizi, the deceased.
  • Following such appointment, it is hereby ordered that: (a) The appointed administrator be given a letter of appointment as administrator of the estate of the deceased. (b) The appointed administrator should carry out her duties of collecting the properties of the deceased, paying debts owned by the deceased, distributing the estate of the deceased to her heirs and (c) The appointed administrator should file inventory of the estate and file account thereby closing the administration process.