THE MAGISTRATES’ COURTS ACT

A primary court may hear certain deceased’s estate matters if the deceased lived within the court’s local area, but it must not appoint an administrator in specified cases.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: THE MAGISTRATES’ COURTS ACT
Version: Undated source snapshot
Language: en
Official source: View official record ↗

administrator duties asset distribution court jurisdiction court orders court powers court procedure court-appointed administrators estate administration estate loss liability payments probate reporting

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A primary court may hear certain deceased’s estate matters if the deceased lived within the court’s local area, but it must not appoint an administrator in specified cases. A primary court with jurisdiction over deceased estates may appoint or revoke administrators, make estate administration orders, and require administrators to give undertakings or security. If the High Court directs that the Probate and Administration of the Estate Act applies to an estate, the primary court must revoke the administrator’s appointment and require surrender of any document showing the appointment after receiving notice from the High Court. If a primary court revokes an administrator’s appointment, earlier bona fide payments to that administrator still count as a legal discharge, and the administrator may reimburse himself from the deceased estate for payments he was lawfully allowed to make. An administrator appointed by a primary court must collect the deceased’s property and debts, pay administration and estate debts and costs, distribute the estate to entitled persons or purposes, and follow the court’s directions.

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Provisions of THE MAGISTRATES’ COURTS ACT

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1
Short title
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A primary court may hear certain deceased’s estate matters if the deceased lived within the court’s local area, but it must not appoint an administrator in specified cases.

1.–(l) The jurisdiction of a primary court in the administration of deceased’s estates, where the law applicable to the administration or distribution or the succession to, the estate is customary law or Islamic law, may be exercised in cases where the deceased at the time of his death, had a fixed place of abode within the local limits of the court’s jurisdiction: Provided that, this paragraph shall not derogate from the jurisdiction of a primary court in any proceedings transferred to such court under Part V of this Act. (2) A primary court shall not appoint an administrator of a deceased’s estate- (a) in respect of an estate to which the provisions of the Probate and Administration of Estates Act are applicable or of which a grant of administration has been made under that Act, or of which the administration is undertaken by the Administrator-General under the Administrator- General (Powers and Functions) Act; or 388 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MAGISTRATES’ COURTS ACT [CAP. 11 R.E. 2023] (b) where the gross value of the estate does not exceed Shs.1,000/- unless the court is of the opinion that such an appointment is necessary to protect the creditors or beneficiaries. Powers of courts

Part

Part V of this Act.

2
Interpretation
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A primary court with jurisdiction over deceased estates may appoint or revoke administrators, make estate administration orders, and require administrators to give undertakings or security.

2. A primary court upon which jurisdiction in the administration of deceased’s estates has been conferred may- (a) either of its own motion or an application by any person interested in the administration of the estate, appoint one or more persons interested in the estate of the deceased to be administrator or administrators, thereof, and, in selecting any such administrator, shall, unless for any reason it considers expedient so to do, have regard to any wishes which may have been expressed by the deceased; (b) either of its own motion or on application by any person interested in the administration of the estate, where it considers that it is desirable so to do for the protection of the estate and the proper administration thereof, appoint an officer of the court or some reputable and impartial person able and willing to administer the estate to be administrator either together with or in lieu of an administrator appointed under subparagraph (a); (c) revoke any appointment of an administrator for a good and sufficient cause and require the surrender of any document evidencing his appointment; (d) make orders as to the administration of the estate, and, in particular but without prejudice to the generality of the foregoing, as to the law to be applied in the distribution of the estate and as to advertising for creditors; (e) require an administrator to sign an undertaking to administer the estate faithfully; (f) require an administrator to give security for the due administration of the estate; (g) make orders as to the payment of the share in the estate of any minor or other person under a disability to a relative or other suitable person for the maintenance or otherwise for the use of such minor or person under a disability, or with the consent of the Public Trustee, to the Public Trustee; or (h) make any order which it has power to make under this Act in cases of a civil nature. Conflicts Cap. 352
3
Primary courts
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If the High Court directs that the Probate and Administration of the Estate Act applies to an estate, the primary court must revoke the administrator’s appointment and require surrender of any document showing the appointment after receiving notice from the High Court.

3. Where the High Court has directed that the Probate and Administration of the Estate Act shall apply to an estate of which an administrator has been appointed by a primary court, the primary court shall, upon receiving notice to that effect from the High Court, revoke the appointment of such administrator and require the surrender of any document evidencing his appointment. 389 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MAGISTRATES’ COURTS ACT [CAP. 11 R.E. 2023] Consequences of revocation
4
District courts
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If a primary court revokes an administrator’s appointment, earlier bona fide payments to that administrator still count as a legal discharge, and the administrator may reimburse himself from the deceased estate for payments he was lawfully allowed to make.

4. Where an appointment of an administrator is revoked by a primary court- (a) all payments bona fide made to the administrator before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and (b) the administrator who shall have acted may retain and reimburse himself out of the assets of deceased estate in respect of any payments made by him which an administrator may lawfully make. PART II POWERS AND DUTIES OF ADMINISTRATORS APPOINTED BY PRIMARY COURTS

Part

PART II

5
Courts of resident magistrate
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An administrator appointed by a primary court must collect the deceased’s property and debts, pay administration and estate debts and costs, distribute the estate to entitled persons or purposes, and follow the court’s directions.

5. An administrator appointed by a primary court shall, with reasonable diligence, collect the property of the deceased and the debts that were due to him, pay the debts of the deceased and the debts and costs of the administration and shall thereafter distribute the estate of the deceased to the persons or for the purposes entitled thereto and, in carrying out his duties, shall give effect to the directions of the primary court.
6
Constitution of magistrates’ courts
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An administrator may bring and defend legal proceedings for the estate.

6. An administrator may bring and defend proceedings on behalf of the estate.
7
Proceedings which may require assessors
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A receipt issued by an administrator counts as a good discharge for a debtor who pays the debt, and for a person who delivers the deceased’s property to the administrator.

7. A receipt issued by an administrator shall constitute a good discharge to any debtor paying his debt and to any person delivering the property of the deceased to the administrator.
8
Repealed
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An administrator must make good any loss or damage to the deceased’s estate caused by misapplying it or by failing to collect the deceased’s property.

8. An administrator who misapplies the estate of the deceased or subjects it to loss or damage shall be liable to make good such loss or damage, and an administrator who occasions loss to the estate by neglecting to get in any part of the property of the deceased shall be liable to make good the amount. General duties of administrator Proceedings Receipts Loss No obligation to advertise
9
Repealed
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An administrator who makes reasonable inquiries about the deceased’s debts does not have to advertise for creditors unless the primary courts direct otherwise.

9. Where an administrator makes inquires which, in the circumstances of the case, are reasonable as to the debts of the deceased he shall not be obliged to advertise for creditors unless so directed by the primary courts. Distribution of assets
10
Places and times of sitting and distribution of business
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An administrator who follows the listed distribution steps is not liable to a person whose claim was unknown at the time of distribution, and a creditor’s right to assets held by recipients is preserved.

10. An administrator who distributes the assets in discharge of such lawful claims as he knows of and, after not less than three months after the death of the deceased, distributes the remaining assets among the persons or for purposes entitled thereto, and who gives effect or complies with the directions of the court, shall not be liable for those assets to any person whose claim had no notice at the time of such distribution: 390 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MAGISTRATES’ COURTS ACT [CAP. 11 R.E. 2023] Provided that, this paragraph shall not prejudice the right of any creditor to assets in the hands of the persons receiving the same. Account
11
Registers and returns
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The administrator must account to the primary court for the administration of the estate after finishing it, and may have to do so earlier if the primary court orders.

11. After completing the administration of the estate and, if the primary court orders, at any other stage of the administration, the administrator shall account to the primary court for his administration. 391 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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