The Probate (Amendment) Rules, 2025

This section lists a citation and a series of amendments to multiple rules.

This section lists amendments made to the Probate (Amendment) Rules, including deletions, substitutions, and additions to several rules and schedules.

These Rules may be cited as the Probate (Amendment) Rules, 2025 and are to be read together with the Probate Rules.

This section amends rule 2 by replacing the definition of “Registrar” and adding a definition of “special mirathi account.”

This provision amends rule 5 by deleting subrule (2) and renumbering rule 5(1) as rule 5.

This section amends the principal Rules by deleting rule 6 and replacing it with new text, but the replacement text is truncated in the source provided.

Proceedings must be recorded in writing or another readable recording form.

The principal Rules are amended so that in rule 7(1), “Registrar” is replaced with “court”.

Rule 8 is amended to add “or Kiswahili” after every occurrence of “English.”

This section amends the principal Rules by deleting rule 17 and substituting it with new wording.

This section amends the principal Rules by deleting rule 17 and replacing it with new text that begins “Hearing”.

Applications under these Rules are to be heard in chambers, unless the court directs otherwise.

This section amends rule 18 by replacing “Judge” with “court”, and it also refers to an amendment of rule 21.

This provision amends rule 21 by deleting the phrase “the number of the suit and” from paragraph (l).

This section amends rule 23(2) by replacing a specific weekday time window with “during working hours”.

Rule 24 is amended so that, in most receiver applications, the application must be supported by an affidavit showing the proposed receiver is fit and proper.

This provision amends rule 27 of the principal Rules, replacing “Registrar” with “court” in subrule (5) and changing the time in subrule (6) to 14 days from appearance or another time set by the court.

Rule 28 is changed so that an application for rectification of a grant under section 48 may be made orally, in writing, or by chamber supported by an affidavit.

This section amends rule 29 by changing its marginal note to “Annulment of the grant” and deleting the words “revoking or” wherever they appear.

This section says the principal Rules are amended in rule 29 by adding a new item about revocation of executor or administrator letters.

If a sole executor or administrator has been removed or the grant revoked, the court may appoint the Administrator General or another fit person to administer the unadministered estate if no interested person has applied for more than three months and the court thinks it is in the interests of justice.

This provision changes rule 31(1) by replacing “three years” with “twelve months”.

This section changes rule 33 by renaming, deleting, and redesignating parts of it.

This section amends rule 34(5) and requires the court, if it refuses to dispense with verification by an attesting witness, to order that the witness verification be lodged and the Will be marked.

This section amends rule 39 by replacing one form reference, deleting paragraph (e), and renumbering paragraphs (f) and (g).

This section amends the principal Rules by deleting rule 48 and replacing it with new text, which is only partially shown here.

A creditor applying for letters of administration must use Form 18, include the rule 39 documents, and state the debt amount and how it arose; the creditor may not file the petition unless the stated exception applies.

This section amends rule 53(1)(b) by replacing the word “relatives” with “beneficiaries”.

This provision changes the principal Rules by amending rule 61 and substituting rule 63.

This section amends the principal Rules by deleting rule 63 and replacing it with new text beginning “Death certificate”.

A death certificate must be a document issued by a competent authority; if the petitioner cannot get one for reasons beyond their control, the petitioner must file alternative affidavits instead.

This section amends the principal Rules by deleting rule 64.

The principal Rules are amended by deleting rule 69.

This section amends the principal Rules by deleting rule 75 and replacing it with new text beginning “General citation”.

A general citation must use Form 58 from the First Schedule and be publicly published or displayed as the court directs.

This section amends the principal Rules by deleting rule 82 and replacing it with new text.

This rule sets deadlines and court steps after a caveat is filed, including notice to the petitioner, possible restoration of a withdrawn petition, and a citation to the caveator.

The principal Rules are amended by adding a new rule after rule 82, beginning with “Appearance by caveator”.

A caveator must use Form 65 and file an affidavit explaining the caveator and the grounds for the objection. The petitioner may file a counter affidavit.

This section amends rule 83 by replacing one phrase with a new reference to section 54(1) of the Act.

This section amends the principal Rules by deleting rule 84 and replacing it with new text.

Court-issued grants for probate administration must be signed and sealed by the court, and some grants must use specified schedule forms.

The principal Rules are amended by replacing the Second Schedule with a new schedule of court fees.

This section lists fees payable for probate and administration-related filings and grants.

This section sets court filing and related fees for listed acts, including some fixed fees and a 5% fee in a specified payment-to-court situation.

This section amends the principal Rules by deleting rule 85 and replacing it with new text that begins “Application by petition”.

A petition for appointment of an administrator must use Form 18 and include the required certificate, undertaking, and any security the court considers necessary.

This section amends the principal Rules by deleting rule 91.

This section changes rule 93 by replacing “Form 78” with “Form 66”.

This section amends rule 96 by replacing the words “section 88” with “section 92(1)(b) and (c)”.

This provision changes rule 97 by removing the words “at Dar es Salaam.”

This section amends the principal Rules by adding new material after rule 105.

Administrators must open a special mirathi account and provide account details to the court; administrators or executors must also provide beneficiaries’ bank account details in the prescribed form.

This section amends the principal Rules by deleting rule 106 and replacing it with new text that begins “Inventory and accounts of estates…”

The court must set a date for filing and exhibiting the deceased’s inventory and accounts, may require progress reports from the executor or administrator, and the administrator must bring heirs and beneficiaries to court for confirmation unless the court orders otherwise.

This section amends the principal Rules by deleting section 107 and replacing it with new text.

A person interested in an estate may object to the inventory or accounts before confirmation, and the court must hear and decide the objection. After confirmation, the court must order distribution and reporting, and the estate is closed only when the report is made and the court is satisfied that property has been transferred to the rightful heirs or beneficiaries.

This section amends rule 109(1) by inserting the words “orally or” after “made and by”.

This provision amends rule 112 by replacing the word “registrar” in subrule (2) with a phrase referring to “the court administrator or any other authorised officer”.

The amendment says a minor defect in an application does not affect the court’s power to hear it.

This provision amends the First Schedule of the principal Rules by replacing Form 2 with a new form.

This text states a qualification requirement about knowing the relevant language and Kiswahili/English, and having experience translating documents between them.

This form requires a deponent to verify the truth of the stated paragraphs and to swear or affirm the affidavit before a commissioner for oaths.

This line is a form prompt for recording a deceased person's death details and full designation.

This clause states that the deceased was domiciled in a specified place at the time of death.

A form statement about whether the deceased died testate and left a will, or died intestate.

This form asks whether any application for grant of probate or letters of administration has been made, and if so, to state the court, date, applicants, and number.

The listed persons are entitled to inherit the deceased’s estate.

The provision states that the total value of the estate is likely to fall within a range expressed in TZS, but the range is not shown in the provided text.

This form item is for requesting an order appointing a receiver for specified property.

This provision states that there is danger the property may be wasted, and reasons should be given.

This form includes a statement that the deponent is a fit and proper person to be appointed a receiver, with a note applying where the proposed receiver is not the Public Trustee or the Administrator-General.

The petitioner applies to the court for probate of a will or letters of administration for a deceased person.

The annexed document marked “A” is stated to be the deceased’s last will and testament, was duly executed by him, and its contents can be proved by named persons.

This petition form is for the executor named in the Will, or for a person interested in the estate if the Will does not mention an executor.

The deceased is stated to have died without a will, after a due and diligent search found none.

A petition form asks the applicant to state their relationship to the deceased or the reason for the petition, and whether there is a will.

This section is a form asking the person to state the estimated gross value of assets likely to come to their hands in Tanzanian shillings, and to list the nature, estimated value, and location of those assets.

This form asks for the deceased person’s fixed place of abode and the reasons for the court’s jurisdiction.

A form asks for the deceased person's nationality and religion.

The form asks for the deceased’s surviving heirs or beneficiaries and their full names, designation, and residence details.

The form asks whether any probate or estate-administration proceedings have already started, and whether the probate or letters of administration are being applied for more than 12 months after the deceased’s death.

A petition is stated to have been brought for the first time twelve months after the deceased’s death, and the reasons for the delay must be stated.

The petitioner declares that the information given is true to the best of their knowledge, information and belief, and the form requires signatures and a date.

A petitioner asks the court to grant probate or letters of administration for a deceased person’s estate.

The will says the deceased appointed a named person as executor.

This form states that the court granted probate or letters of administration for a deceased person’s estate.

This section records that a court revoked a grant of probate or letters of administration, leaving the estate or part of it unadministered.

This section identifies the deceased’s surviving beneficiaries and asks for each beneficiary’s full name, designation, and residence.

This section says the petition is made by the petitioner and asks for the petitioner’s interest to be stated.

This provision/form records the deceased person’s fixed place of abode at the time of death.

This text is an incomplete form-style prompt about stating reasons for a court’s jurisdiction.

The form requires the applicant to state the deceased person’s nationality and religion, and to indicate whether any similar application or proceedings have already been started before any court or authority.

The petitioner asks for letters of administration for the deceased’s estate, including any remaining unadministered estate.

The petitioner must declare that the information stated above is true to the best of their knowledge, information, and belief.

3. Value Estate as per inventory Estate realised Gain (or loss) on realisation Gross estate: Payments 27 GN. No. 429 (Contd) The Probate (Amendment) Rules

The residue of the estate, after funeral, debt, and administration expenses, is divided among the entitled persons in specified percentages.

This text is a form section about estate money and beneficiary bank details, with a certificate to be signed by an executor or administrator.