Okello passed away, and after the burial, his wife got authorization to manage and distribute his property. However, hardly 3 months after this, a boda boda ran her over, and she died instantly. Her children decided that the responsibility to distribute the property should go to their elder, the first born Okello Junior, and he wants to distribute the property as soon as possible.
CAN OKELLO JUNIOR IMMEDIATELY START THE DISTRIBUTION?
No. The letters of administration cannot be automatically transferred to another person. It is a court of law that grants the authorisation to distribute property. Therefore, transferring this authorisation should be by a court. Letters of administration is the authorization given by a court to a person to manage and distribute the property of a deceased person. Once the administrator (a person with authorisation) dies before fulfilling their duties, the right thing to do is to go back to court and report that the person who received the letters of administration is dead, so that court appoints another chosen representative.
Another instance where a family may want the authorization transferred to another person is if the person who was given this authority is not carrying out their duties (even when they are alive).
Here, you can ask the court to cancel the letters. (This is called a revocation of letters of administration). Once this happens, then the letters can be granted to another person.
Credit; #Barefoot_Law
#osutayusuf
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