Introduction
In Cameroon, many individuals pass away without leaving a Will, a situation referred to as dying intestate. To address this, the law provides a process for obtaining Letters of Administration (LA) to manage the deceased’s estate. Without LA, beneficiaries cannot legally access funds or handle the deceased’s assets. Instead, these properties remain vested in the Probate Registrar (or the President of the High Court) of the deceased’s last residence.
This guide outlines the procedures, eligibility, and required documentation for obtaining Letters of Administration in Cameroon, ensuring compliance with legal requirements.
Who Can Apply for Letters of Administration?
The law prioritizes the following individuals to apply for Letters of Administration:
- Spouse of the deceased.
- Children of the deceased or their descendants.
- Parents of the deceased.
- Full-blood siblings and their descendants.
- Half-blood siblings.
- Grandparents of the deceased.
- Full-blood uncles or aunts and their children.
- Creditors of the deceased.
- The Administrator General (if none of the above apply).
Required Documents for Application
To apply for Letters of Administration, the following documents are essential:
Application Letter addressed to the Probate Registrar, including:
- Full names and addresses of the deceased.
- Date and place of death.
- Residence of the deceased prior to death.
- Family resolution listing all properties.
- Full names and addresses of the proposed administrators.
Supporting Documents:
- Death certificate of the deceased.
- Passport-sized photograph of the deceased.
- Passport-sized photographs and ID cards of all proposed administrators.
- Contact details (phone numbers) of administrators, beneficiaries, and close relatives.
Probate Forms:
- Application for a Grant of Letters of Administration.
- Oath for Administration.
- Administration Bond.
- Inventory of assets.
- Declarations of next-of-kin.
- Schedule of debts owed by the deceased.
Asset Verification Documents:
- A list of movable and immovable assets.
- Bank certificate showing the deceased’s account balance.
Step-by-Step Application Process
- Submit the Application: File the completed application forms and supporting documents at the Probate Registry.
- Pay Estate Fees: Pay the required estate fees as assessed by the Probate Registry.
- Schedule an Interview: Attend an interview at the Probate Registry to verify the accuracy of the submitted information.
- Publish Notice of Application: A public notice is published in a newspaper or gazette, allowing 21 days for objections or caveats from interested parties.
- Address Objections (If Any): If objections are raised within the 21-day period, the court will address them before proceeding with the application.
- Probate Judge Review: Once objections are cleared, the file moves to the Probate Judge for review and confirmation of the application.
- Grant of Letters of Administration: If all information is verified and no complications arise, the Probate Judge issues the Letters of Administration to the applicants.
Key Points to Remember
- Timeline: Ideally, LA should be granted within three months of the deceased’s death.
- Number of Administrators: LA can only be granted to a minimum of two and a maximum of four people, except when a Trust Corporation or Administrator-General is involved.
- Legal Representation: While a legal practitioner can assist with the process, they cannot be an applicant or co-applicant for LA.
Conclusion
Applying for Letters of Administration in Cameroon is a structured process designed to ensure fairness and transparency in managing a deceased’s estate. Compliance with the legal requirements and timelines is crucial. For personalized advice, consider consulting a specialist familiar with estate administration laws in Cameroon.
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