Tanzania Act or statute

Parliament of Tanzania

THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT, 1921

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Jurisdiction: Tanzania
Structure: 55 provisions
Citation: THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT
Official identity: Year 1921
Dates: Enacted 1921

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Official identity: Year 1921
Dates: Enacted 1921

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Purpose and legislative effect

“This provision gives the Act its short title.”

This provision gives the Act its short title. This section defines key terms used in the Act. This section says the Act does not apply to estates that may be administered under customary law, unless the Probate and Administration of Estates Act or Part VIII of that Act has been applied to the estate under Part IX. The Ministerial Advisory Board must advise the Minister and prepare a bi-annual report. This section sets out who appoints the Administrator-General, Deputy Administrator-General, and assistant Administrator-General, and describes the Administrator-General’s status, powers, and related staff discipline.

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Short title

This provision gives the Act its short title.

Section 1

Administrative officer to take charge of assets

An administrative officer may take possession of a deceased person’s assets in Mainland Tanzania if needed to protect the estate, and must immediately report that action to the Administrator-General.

Section 15

Power of Administrator- General to appoint agents

The Administrator-General may appoint agents to manage deceased estates, and the agents must act under the Administrator-General’s direction.

Section 28

Right of interested persons to inspect

Interested persons may inspect estate accounts and the auditor’s reports and certificates, and may get copies and extracts, if they pay the prescribed fee and meet any prescribed conditions.

Section 43

Power of Minister to make rules

The Minister may make rules published in the Gazette to carry out the Act and regulate the Administrator-General’s proceedings.

Section 56

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Source record from oagmis.oag.go.tz · Enacted 1921

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Showing 55 of 55 provisions

Provision 45Repeal 7Commencement 2Short title

§ 1Short titleShort title

This provision gives the Act its short title.

1. This Act may be cited as the Administrator- General (Powers and Functions) Act.

Section 1Verify source

§ 23. Estates to which Part IX of Probate and Administration ofProvision

This section defines key terms used in the Act.

2. In this, Act unless the context otherwise requires- “Administrator- General” means a person appointed as such under section 5(1) and includes a Deputy Administrator- General; “Advocates Committee” means the Advocates Committee established as such under section 5 of the Advocates Act; “agent” means an agent of the Administrator- General duly appointed under section 28 of this Act; “asset” means all property movable and immovable of a deceased person, which is chargeable with and applicable to the payment of his debts and legacies or available for distribution amongst the heirs and next- of- kin, of the deceased; “Assistant Administrator- General” means a person appointed as such under section 5(2); “court” means the High Court of Tanzania or any court subordinate to it to which jurisdiction has, or may have, been given; “immovable property” includes land, benefits which arise out of land, not being charges for the security of money, 527 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] and things attached to the earth, or permanently fastened to anything attached to the earth; “letters of administration” include any letters of administration, whether general or with a copy of the will annexed or limited in time or otherwise; “Minister” means the Minister responsible for legal affairs; “movable property” means property of every description except immovable property; “Ministerial Advisory Board” means the Ministerial Advisory Board of the Registration, Insolvency and Trusteeship Agency established in terms of the Executive Agencies Act; “next- of- kin” includes a widower or widow of a deceased person or any other person, who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased; “taxing officer” means the Registrar of the High Court or an officer duly appointed to act for such officer.

Section 2Verify source

§ 3Estates to which Part IX of Probate and Administration ofProvision

This section says the Act does not apply to estates that may be administered under customary law, unless the Probate and Administration of Estates Act or Part VIII of that Act has been applied to the estate under Part IX.

3. This Act shall not apply to an estate which may be administered according to customary law unless the Probate and Administration of Estates Act or Part VIII of that Act has been applied to that estate under the provisions of Part IX of that Act.

Section 3Verify source

§ 4Functions of Ministerial Advisory BoardProvision

The Ministerial Advisory Board must advise the Minister and prepare a bi-annual report.

4.–(1) The Ministerial Advisory Board shall, in addition to the functions stipulated in terms of the Executive Agencies Act, advise the Minister on matters relating to conduct and performance of the Administrator- General in the discharge of functions under any other written law. (2) The Ministerial Advisory Board shall cause to be prepared bi- annual report which shall be submitted to the Minister and a copy to the Attorney General for advice in relation to the functions performed by the Administrator- General as a corporation sole. [s. 3A] 528 Cap. 245 Estates to which Part IX of Probate and Administration of Estates Act applies Act No. 35 of 1961 Sch. Cap. 352 Functions of Ministerial Advisory Board Cap. 245 Act No. 7 of 2018 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Appointment of Administrator- General Act. No. 7 of 2018 s. 6 GN. No. 478 of 1962

Section 4Verify source

§ 5Appointment of Administrator- GeneralProvision

This section sets out who appoints the Administrator-General, Deputy Administrator-General, and assistant Administrator-General, and describes the Administrator-General’s status, powers, and related staff discipline.

5.–(1) The President shall appoint an Administrator- General and a Deputy Administrator- General from amongst persons with qualifications to be appointed as Judge of the High Court of Tanzania. (2) The Deputy Administrator- General shall be the principal assistant to the Administrator- General, accounting officer and the disciplinary authority of the Agency. (3) The Minister shall appoint such number of assistant Administrator- General from amongst law officers in the public service as may be required. (4) The Administrator- General shall be a corporation sole by the name of the Administrator- General of Mainland Tanzania and shall have perpetual succession and an official seal and may sue and be sued in the corporate name. (5) The Administrator- General shall be entitled to appear in court, either in person or by counsel, in any proceedings to which he is a party and shall have precedence next after the Director of Public Prosecutions. Cap. 245 Cap. 25 Cap. 108 Cap. 212 Cap. 13 Cap. 29 Cap. 352 Cap. 31 Cap. 318 to (6) Subject the Executive Agencies Act, the Administrator- General shall be the Chief Executive Officer of the Registration, Insolvency and Trusteeship Agency and shall perform functions and exercise powers vested in him under the following laws- (a) the Bankruptcy Act; (b) the Births and Deaths Registration Act; (c) the Companies Act; (d) the Law of the Child Act; (e) the Law of Marriage Act; (f) the Probate and Administration of Estates Act; (g) the Public Trustee (Powers and Functions)Act; (h) the Trustees’ Incorporation Act; and (i) any other law in force in the United Republic which may vest powers upon the Administrator- General. (7) The Administrator- General may, for purposes of better management and organisation of the Registration, Insolvency 529 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Administrator- General to apply for grant in certain cases Ords. Nos. 44 of 1931 s.2 19 of 1952 s. 3 and Trusteeship Agency, issue general or standing order, practice notes and other instruments as he deems fit. (8) A staff in the Registration, Insolvency and Trusteeship Agency who fails to comply with the orders, practice notes and other instruments issued under subsection (7) commits a misconduct and shall be dealt with in accordance with the laws governing the public service. [s. 4]

Section 5Verify source

§ 6Administrator- General to apply for grant in certain casesProvision

The district administrative officer must investigate deaths linked to property in Mainland Tanzania and report qualifying cases to the Administrator-General, who may then apply to court for letters of administration.

6.–(1) Where a person dies in Mainland Tanzania or where a person dies believed to be possessed of property in Mainland Tanzania, the administrative officer in charge of the district in which such death occurs or in which such property is believed to exist, shall, upon receiving notice of such death or upon such death coming to the knowledge of the administrative officer, immediately institute inquiries to ascertain whether the deceased left any, and if so, what property in Mainland Tanzania, and where it appears that the deceased left property and- (a) that any such person died intestate; (b) that the deceased having made a will devising or bequeathing the deceased’s estate or part of it, has omitted to appoint an executor; (c) that the person or persons named as executor or executors in the will have died in the testator’s life- time or have renounced the probate; (d) that probate or letters of administration with the will annexed has not been obtained within six months from the death of the testator; or (e) that the deceased has appointed the Administrator- General as sole executor of the deceased’s will, the administrative officer shall immediately report to the Administrator- General and upon receiving such information the Administrator- General may apply to the court for letters of administration of the estate of such deceased person: Provided that, where it appears to the court that circumstances of the case require, for reasons recorded in its proceedings, the court may, of its own motion or otherwise, 530 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] grant letters of administration to the Administrator- General or to any other person notwithstanding that there are persons who in the ordinary course, would be legally entitled to administration. (2) The Administrator- General shall serve notice, in the prescribed manner, upon all executors and next- of- kin of the deceased known to be resident in Mainland Tanzania, of intention to apply to the court for letters of administration under the provisions of subsection (1) of this section fourteen days after the service of such notice: Provided that, it shall not be necessary for the Administrator- General to serve such notice as in any case where the Administrator- General shall have obtained the consent in writing of the executors if any or of all parties interested in the estate other than creditors, as the case may be, to make such application to the court. [s. 5]

Section 6Verify source

§ 7Assets in dangerProvision

If a deceased person left assets in Mainland Tanzania and there is a risk they will be misused, damaged, or wasted, the court may order the Administrator-General to apply for letters of administration.

7. Where any person has died leaving assets within Mainland Tanzania, the court, upon being satisfied that there is danger of misappropriation, deterioration, or waste of such assets, unless letters of administration of the estate of that person are granted, may, upon the application of the Administrator- General or of any person who is interested in such assets or in the due administration of the assets, make an order upon such terms as to indemnifying the Administrator- General against costs and other expenses as the court thinks fit, directing the Administrator- General to apply for letters of administration of the estate of such person. [s. 6] Assets in danger Uncertainty as to succession Ord. No. 19 of 1922 s. 4

Section 7Verify source

§ 8Uncertainty as to successionProvision

A court may direct the Administrator-General to take control of certain assets, and an order can give the Administrator-General rights to sue, seek letters of administration, and recover fees and reimbursements.

8.–(1) Where- (a) a person dies leaving assets within Mainland Tanzania and the court is satisfied that there is no person immediately available who is legally entitled to succession to such assets or that there is danger of misappropriation, deterioration, or waste of such assets 531 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] before it can be determined who is legally entitled to the succession to such assets, or whether the Administrator- General is entitled to letters of administration of the estates of such person; or (b) the agent in charge of any assets in Mainland Tanzania belonging to any person not residing in Mainland Tanzania or belonging to a company not incorporated in Mainland Tanzania, dies without leaving any responsible person in charge thereof, the court may, upon the application of the Administrator- General or any person interested in the assets or in the due administration thereof, direct the Administrator- General to collect and take possession of the assets and to hold, possess, realise, and dispose of the same according to the direction of the court, and in the absence of any such directions according to the provisions of this Act in so far as they are applicable to such assets. (2) An order of the court made under the provisions of this section shall entitle the Administrator- General- (a) to maintain any suit or proceedings for the recovery of such assets; (b) to apply for letters of administration of the estate of such deceased person; and (c) to retain out of the assets of the estate any fees chargeable under rules made under this Act and to reimburse the Administrator- General for all payments made in respect of such assets which a private administrator might lawfully have made [s. 7] Grant to persons appearing

Section 8Verify source

§ 9Grant to persons appearingProvision

If someone appears in proceedings under sections 7 or 8, proves a claim to probate or letters of administration, and provides required security, the court must grant the probate or letters of administration.

9. Where in the course of proceedings to obtain letters of administration under the provisions of sections 7, or 8, any person appears and establishes a claim- (a) to probate of the will of the deceased; or (b) to letters of administration as next- of- kin of the deceased, and gives such security as may be required of him by law, 532 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] the court shall grant probate of the will or letters of administration accordingly, and shall award the Administrator- General the costs of any proceedings taken by the Administrator- General under those sections, to be paid out of the estate as part of the testamentary or intestate expenses. [s. 8]

Section 9Verify source

§ 10Grant to Administrator- General NotwithstandingProvision

The court may not grant letters of administration to the Administrator-General if a person appears and establishes a timely claim to probate or to letters of administration as next-of-kin, or if a next-of-kin claimant fails to give required security.

10. Where in the course of the proceedings to obtain letters of administration under the provisions of sections 6, 7 or 8, a person appears and establishes a claim to probate of a will or to a grant of letters of administration as next- of- kin of the deceased within such period as the court thinks reasonable, or where a person who has established a claim to a grant of letters of administration as next- of- kin of the deceased, fails to give such security as may be required by law the court may not grant letters of administration to the Administrator- General. [s. 9]

Section 10Verify source

§ 11Administrator- General not precluded from applying for grantRepeal

The Administrator-General is not barred from applying to the court for letters of administration within one month after the deceased’s death.

11. This Act shall not be deemed to preclude the Administrator- General from applying to the court for letters of administration in any case within a period of one month from the death of the deceased. Grant to Administrator- General Notwithstanding Administrator- General not precluded from applying for grant within one month of death of deceased Repealed

Section 11Verify source

§ 12RepealedRepeal

This section has been repealed.

12. [Repealed by Act No. 3 of 2009 s. 4.] Repealed

Section 12Verify source

§ 13RepealedRepeal

This section is repealed.

13. [Repealed by Act No. 3 of 2009 s. 5.] Repealed

Section 13Verify source

§ 14RepealedRepeal

This section is repealed.

14. [Repealed by Act No. 3 of 2009 s. 6.] [s. 10] [s. 11] [s. 12] [s. 13] Administrative officer to take charge of assets Ord. No. 19 of 1922 s. 9

Section 14Verify source

§ 15Administrative officer to take charge of assetsRepeal

15. In the case of a deceased person having assets in Mainland Tanzania, the administrative officer in charge of the district or sub- district in which such assets are situated may, where in the opinion of the administrative officer it is advisable for the protection of the estate, take possession of the assets, and 533 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] in such case he shall immediately report such action to the Administrator- General, who shall give such directions and take such proceedings in the matter as the Administrator- General shall think fit. Repealed

Section 15Verify source

§ 16RepealedRepeal

Section 16 is repealed.

16. [Repealed by Act No. 3 of 2009 s. 7.] Repealed

Section 16Verify source

§ 17RepealedRepeal

Section 17 is repealed.

17. [Repealed by Act No. 3 of 2009 s. 8] [s. 14] [s. 15] [s. 16] Revocation of grant to Administrator- General

Section 17Verify source

§ 18Revocation of grant to Administrator- GeneralProvision

The court may revoke letters of administration granted to the Administrator-General and instead grant probate or administration to an executor or next-of-kin who was not properly notified and proves a better claim.

18. Where an executor or next- of- kin of the deceased who has not been personally served with a notice or who has not had actual notice in time to appear pursuant to that notice, establishes to the satisfaction of the court a claim to probate of a will or to letters of administration in preference to the Administrator- General, any letters of administration granted in accordance with the provisions of this Act to the Administrator- General may be revoked, and probate or letters of administration may be granted, to such executor or next- of- kin, as the case may be: Provided that, letters of administration granted to the Administrator- General shall not be revoked under this section, upon the application of the next- of- kin of the deceased, unless such application be made within six months after the grant to the Administrator- General and the court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which application is made. [s. 17] Costs of Administrator- General on revocation of grant

Section 18Verify source

§ 19Costs of Administrator- General on revocation of grantProvision

If the Administrator-General’s letters of administration are revoked, the court may order certain costs and fees to be paid from the estate to the Administrator-General.

19. Where any letters of administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, the court may order the costs of obtaining such letters of administration and the whole or any part of the fees which would otherwise have been payable under this Act together with the costs of the Administrator- General in any 534 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] On revocation previous acts of Administrator- General voidable, not void Payments made by Administrator- General prior to revocation of grant proceedings taken to obtain such revocation, to be paid to or retained by the Administrator- General out of the estate: Provided that, this section shall not affect the provisions of paragraph (c) of subsection (2) of section 8. [s. 18]

Section 19Verify source

§ 20On revocation previous acts of Administrator- General voidable,Commencement

If the Administrator-General’s letters of administration are revoked, prior acts are treated as voidable, with an exception for acts done after notice of a will or other invalidating fact.

20. Where any letters of administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, the previous acts of the Administrator- General and of all persons acting in his authority in pursuance of letters of administration be deemed to have been only voidable, except as to any act done by the Administrator- General or that other person, after notice of a will or of any other fact which would render such letters of administration void: Provided that, a notice of a will or of any other fact which would render any such letters of administration void shall not affect the Administrator- General or any person acting under the authority of the Administrator- General in pursuance of such letters of Administration unless within the period of one month from the time of giving such notice proceedings are commenced to prove the will or to cause the letters of Administration to be revoked and such proceedings are prosecuted without unreasonable delay. [s. 19]

Section 20Verify source

§ 21Payments made by Administrator- General prior toProvision

If the Administrator-General’s letters of administration are revoked, earlier payments and acts made under that authority may still be treated as valid if they would have been valid under letters with a copy of the will annexed.

21. Where a letter of administration granted to the Administrator- General in accordance with the provisions of this Act are revoked, upon the grant of probate of a will or upon the grant of letters of administration with a copy of the will annexed, all payments made, or acts done by or under the authority of the Administrator- General, in pursuance of such letters of administration, prior to the revocation, which would have been valid under any letters of administration lawfully granted to the Administrator- General with a copy of the will annexed, shall be deemed to be valid notwithstanding such revocation. [s. 20] 535 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Administrator- General’s petition for grant No security required from Administrator- General Ord No. 19 of 1922 s. 7

Section 21Verify source

§ 22Administrator- General’s petition for grantProvision

For an Administrator-General application for letters of administration, the application is sufficient if it includes the deceased’s death details, known next-of-kin details, assets, and liabilities.

22. Whenever the Administrator- General applies for letters of administration in accordance with the provisions of this Act it shall be sufficient where the application required to be presented for the grant of such letters of administration states- (a) the time and place of the death of the deceased to the best of the knowledge and belief of the applicant; (b) the names and addresses of the surviving next- of- kin of the deceased, if known; (c) the particulars and value of the assets likely to come into the hands of the applicant; and (d) the particulars of the liabilities of the estate, if known. [s. 21]

Section 22Verify source

§ 23No security required from Administrator- GeneralProvision

The Administrator-General does not have to verify an application except by signature, and does not have to give an administration bond or other security to court.

23.–(1) The Administrator- General shall not be required to verify, otherwise than by signature, any application presented under the provisions of this Act and where the facts stated in any such application are not within the Administrator- General’s own personal knowledge, the application may be subscribed and verified by any person competent to make the verification: Provided that, the facts stated in the reports of administrative officers to the Administrator- General, shall, for the purposes of this section, be deemed to be within the personal knowledge of the Administrator- General. (2) The Administrator- General shall not be required by any court to enter into any administration bond, or to give other security to the court on the grant of any letters of administration to and in the name of the Administrator- General. [s. 22] Grants to be made to Administrator- General by that name

Section 23Verify source

§ 24Grants to be made to Administrator- General by that nameProvision

Grants of probate or letters of administration to the Administrator-General authorise that office to act as executor or administrator for the relevant estate.

24. All probates and letters of administration granted to the Administrator- General shall be granted to by that name, and shall authorise the Administrator- General to act as executor or administrator, as the case may be, of the estate to which such probate or letters of administration relate. [s. 23] 536 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Effect of grant to Administrator- General Entry of Administrator- General not to constitute notice of trust Transfer by private executor or administrator to Administrator- General

Section 24Verify source

§ 25Effect of grant to Administrator- GeneralProvision

Court-granted probate or letters of administration to the Administrator-General are conclusive on representative title, and people who pay the debt or hand over the assets are fully indemnified.

25. Probate or letters of administration granted by the court to the Administrator- General shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts, and all persons delivering up such assets to the Administrator- General or to the agents. [s. 24]

Section 25Verify source

§ 26Entry of Administrator- General not to constitute notice of trustProvision

The provision says listing the Administrator-General in a company’s books does not count as notice of a trust, and the company cannot refuse to enter the name just because the Administrator-General is a corporation.

26. The entry of the Administrator- General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to enter the name of the Administrator- General on its register by reason only that the Administrator- General is a corporation, and in dealing with assets the fact that the person dealt with is the Administrator- General shall not of itself constitute notice of a trust: Provided that, the Administrator- General shall not be personally liable for any claim as a contributory. [s. 25]

Section 26Verify source

§ 27Transfer by private executor or administrator toProvision

A private executor or administrator may transfer estate assets to the Administrator-General with the Administrator-General’s consent and proper written Gazette publication.

27.–(1) A private executor or administrator may, with the consent of the Administrator- General, by instrument in writing under the hand of the executor or administrator, published in the Gazette, transfer the assets of the estate vested in the executor or administrator by virtue of the probate or letters of administration to the Administrator- General by that name. (2) As from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts or omissions, before the date of such transfer, and the Administrator- General shall have the rights, and be subject to the liabilities as if the probate or letters of administration, as the case may be, had been granted to the Administrator- General by that name at the date of such transfer. [s. 26] 537 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Power of Administrator- General to appoint agents Distribution of assets

Section 27Verify source

§ 28Power of Administrator- General to appoint agentsProvision

The Administrator-General may appoint agents to manage deceased estates, and the agents must act under the Administrator-General’s direction.

28.–(1) The Administrator- General may appoint such person or persons, to act as his agent or agents in the managing, collection of the assets and in payment of the liabilities, and the distribution of the assets of deceased persons, whose estates are in the course of administration by the Administrator- General and such agent or agents shall, in all respects, act in such matters under the direction of the Administrator- General, who shall not be answerable for any act or omission of any agent, not acting in conformity with such direction, or which happened without the Administrator- General’s own fault or neglect. (2) Every agent shall give security to the satisfaction of the Administrator- General for the performance of the agent’s duty and shall be remunerated either by salary or such fees as the Administrator- General may decide. [s. 27]

Section 28Verify source

§ 29Distribution of assetsCommencement

After notice to creditors, the Administrator-General may distribute estate assets for known lawful claims, is not liable for distributions to unknown claimants, and some rejected claims must be pursued within two months.

29.–(1) Where the Administrator- General has given the prescribed notice for creditors and any other person to send in their claims against the estate of the deceased, the Administrator- General shall, at the expiration of the time specified in that notice for sending in the claims, be at liberty to distribute the assets or any part of the assets in discharge of such lawful claims as the Administrator- General has notice of. (2) Notwithstanding subsection (1), the Administrator- General shall not be liable for assets distributed to any person of whose claim he had not notice at the time of such distribution. (3) A notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator- General shall not affect the Administrator- General, unless proceedings to enforce such claim are commenced within two months of the rejection or disallowance of such claim has been given and proceedings are prosecuted without unreasonable delay. (4) This section shall not prejudice the right of any creditor or other claimant to follow the assets or any part of the assets which are in the hands of the person who may have received them. 538 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] (5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor to the Administrator- General on such claim shall be excluded. [s. 28]

Section 29Verify source

§ 30Liability of Administrator- GeneralProvision

The Administrator-General and agents are generally not personally liable for estate assets or for acts done in good faith while carrying out their duties, unless they had notice the property was not the deceased’s, or the act was illegal and willful or grossly negligent.

30. Neither the Administrator- General nor any agent shall be personally liable to any person in respect of assets in the possession of the deceased at the time of death and whose estate administered by the Administrator- General or the agent, which shall be dealt with by the Administrator- General or such agent, unless the Administrator- General or agent respectively knows or has actual notice, before the property is not in fact the property of the deceased whose estate is being administered by the Administrator- General, or the agent and neither the Administrator- General nor the agent shall be liable for any act done by him bona fide in the supposed and intended performance of their duties, unless it is shown that such act was done not only illegally but willfully or with gross negligence: Provided that, this section shall not be deemed to restrict the provisions of section 8. [s. 29]

Section 30Verify source

§ 31Power to apply to court for directionsProvision

The court may give the Administrator-General directions about an estate, if someone applies.

31.–(1) The court may, on application, give to the Administrator- General any general or special directions as to any estate in his charge or in regard to administration of estate. (2) Applications under subsection (1) may be made by the Administrator- General or by any person interested in the assets or in the due administration thereof. [s. 30] Liability of Administrator- General Power to apply to court for directions Power to administer oath

Section 31Verify source

§ 32Power to administer oathProvision

The Administrator-General may, if desirable for the Act’s purposes, examine a willing person upon oath about a question of fact.

32. The Administrator- General may, where it is desirable, for the purposes of this Act to satisfy himself regarding any question of fact, examine upon oath any person who is willing to be so examined regarding such question. 539 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Liability of Government Ord. No. 44 of 1931 s. 3 Costs of Administrator- General

Section 32Verify source

§ 33Liability of GovernmentProvision

The Government is liable to discharge liabilities that the Administrator-General would personally owe as a private administrator, unless the liability was not contributed to and could not reasonably have been averted.

33. The Government shall be liable or required to discharge any liability which the Administrator- General, where he were a private administrator, would be personally liable to discharge except when the liability is one to which neither the Administrator- General nor any of the agents has in any way contributed or which neither the Administrator- General nor any of his agents could, by the exercise of reasonable diligence have averted, and in either of those cases, the Administrator- General shall not, nor shall the revenue of the Governments, be subject to any liability. [s. 32]

Section 33Verify source

§ 34Costs of Administrator- GeneralProvision

A creditor suing the Administrator-General must usually pay the suit costs unless the creditor first made a written claim at least one month earlier and provided the requested supporting evidence.

34.–(1) Where any suit is brought by a creditor against the Administrator- General, such creditor shall be liable to pay the costs of the suit unless the creditor proves that, not less than one month prior to the institution of the suit the creditor had applied in writing to the Administrator- General, stating the amount and other particulars of his claim, and had given such evidence in support of the claim as, in the circumstances of the case, the Administrator- General is reasonably entitled to require. (2) Where any suit under subsection (1) is decreed in favour of the creditor, he shall, unless he is a secured creditor, be only entitled to payment out of the assets of the deceased equally and rateably with the other creditors. Omitted

Section 34Verify source

§ 36OmittedProvision

This section is omitted.

36. [Omitted.] [s. 33] [s. 34] [s. 35] Fees

Section 36Verify source

§ 37FeesProvision

Fees may be prescribed for the duties of the Administrator-General.

37. There shall be charged in respect of the duties of the Administrator- General such fees as may be prescribed. [s. 36] 540 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Expenses Payment of money into prescribed bank and investment of surplus funds Ord. No. 44 of 1931 s. 4

Section 37Verify source

§ 38ExpensesProvision

The Administrator-General may pay or retain certain estate fees and expenses, and may deduct them from money received during administration.

38. The Administrator- General may retain or pay out of any estate under the charge of the Administrator- General, such fees and expenses as may be retained or paid out of such estate by a private administrator and such fees and expenses shall be so retained and paid and the fees prescribed under section 37 shall be retained and paid in like manner as in addition to such expenses: such fees, charges and reimbursements shall have priority over all debts of the deceased and may be deducted from any moneys received by the Administrator- General in the course of the administration. [s. 37]

Section 38Verify source

§ 39Payment of money into prescribed bank and investment of surplus fundsProvision

The Administrator-General must keep the account with a prescribed bank, pay received money into it, pay or transfer interest and certain balances to public revenue, and may place surplus cash on fixed deposit.

39.–(1) The Administrator- General’s account shall be kept by the Administrator- General with such bank as may be prescribed, and all moneys received by the Administrator- General in respect of proceedings under this Act shall be paid into that account and whenever the cash balance standing to the credit of the Administrator- General’s account is in excess of the amount which in the opinion of the Administrator- General is required for the time being to answer demands in respect of the estates being administered by him, the Administrator- General may place that cash balance or any part of it on fixed deposit with the prescribed bank. (2) Where any money placed on deposit under subsection (1) is in the opinion of the Administrator- General, required to answer any demands in respect of estates administered by the Administrator General, the Administrator- General shall withdraw such money from the fixed deposit and repay the same to the credit of the cash balance of the Administrator- General’s account. (3) All interest accruing from any money placed on deposit shall be paid or transferred by the Administrator- General to the account of the public revenue. (4) Where the realised assets of an estate are so small in value that the estate is practically indivisible amongst the entitled beneficiaries or creditors or where after division of 541 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Right of Administrator- General to costs Power of Administrator- General to pay for improvements Administrator- General to keep accounts the estate a balance remains which by reason of the number of the beneficiaries or creditors or by reason of the small amount of the balance, the balance is practically indivisible amongst such beneficiaries or creditors, such assets or balances shall be paid or transferred on the closing of the estate account, to the account of the public revenue. [s. 38]

Section 39Verify source

§ 40Right of Administrator- General to costsProvision

If the court orders proceedings costs to be paid from somewhere other than the deceased estate being administered by the Administrator-General, the Administrator-General may charge ordinary profit costs.

40. Where the court orders the costs of the proceedings to which the Administrator- General is a party, to be paid otherwise than out of the estate of a deceased person which is being administered by the Administrator- General, the Administrator- General shall be entitled to charge ordinary profit costs, whether or not the Administrator- General has appeared in person or not; and such costs shall be credited to the public revenue. [s. 39]

Section 40Verify source

§ 41Power of Administrator- General to pay for improvementsProvision

The Administrator-General may spend money to care for and manage estate property, and may also spend on religious, charitable, other objects, and improvements if the court sanctions it.

41. The Administrator- General may, in addition to, and not in derogation of any other powers of expenditure lawfully exercisable by the Administrator- General, incur expenditure on such acts as may be necessary for the proper care and management of any property belonging to any estate in his charge, and with the sanction of the court, on such religious, charitable, and other objects and on such improvements, as may be reasonable and proper in the case of such property. [s. 40]

Section 41Verify source

§ 42Administrator- General to keep accountsProvision

The Administrator-General must inventory each estate, keep accounts of estate dealings, and retain related letters and papers; he may destroy certain unclaimed, valueless private papers received with the estate.

42. The Administrator- General shall make a complete inventory of every estate which he administers, and shall keep an account of all receipts, payments, and dealings with every such estate and shall retain all letters received, and copies of all letters written by him and all deeds, writings and other papers relating to such estate. Provided that, the Administrator- General may, destroy any private papers, bills, receipts, memoranda and other similar documents of no value, which are received along with the 542 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Right of interested persons to inspect Filing of final account estate and which are not claimed by the beneficiaries, next- of- kin or other persons entitled thereto. [s. 41]

Section 42Verify source

§ 43Right of interested persons to inspectProvision

Interested persons may inspect estate accounts and the auditor’s reports and certificates, and may get copies and extracts, if they pay the prescribed fee and meet any prescribed conditions.

43. A person interested in the administration of any estate which is in the charge of the Administrator- General, shall, upon payment of the prescribed fee and subject to such conditions as may be prescribed, be entitled at all reasonable times to inspect the accounts relating to such estate, the reports and certificates of the auditor, and on payment of the prescribed fee, to their copies and extracts. [s. 42]

Section 43Verify source

§ 44Filing of final accountProvision

After finishing estate administration, the Administrator-General must file the estate accounts, vouchers, and a verifying affidavit in court, and give 14 clear days’ notice before the accounts are examined and taxed.

44.–(1) On the completion of the administration of an estate, the Administrator- General shall file in court, the accounts and vouchers relating to the estate, together with an affidavit in verification, and after a notice of fourteen clear days has been given in the prescribed manner by the Administrator- General to all persons interested, who are resident in Mainland Tanzania, setting out the day and the hour to be appointed by the taxing officer for the passing of such accounts, the accounts and vouchers may be examined and taxed by the taxing officer in the presence of any person who may attend upon such notice, and objection may be taken to the account or to any item or part of it and the taxation may be brought under review by the court in the same manner, as in the case of any proceedings in court. (2) A certificate under the hand of a taxing officer or of a judge of the court to the effect that the accounts have been examined and found correct, shall be a valid and effectual discharge in favour of the Administrator- General as against all persons. [s. 43] Power to file interim account

Section 44Verify source

§ 45Power to file interim accountProvision

The Administrator-General may pass interim accounts after giving notice under section 44.

45. The Administrator- General may, on giving such notice in accordance with section 44, pass interim accounts prior to the completion of the administration. [s. 44] 543 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Power to transfer share of minor to relative Ord. No. 19 of 1952 s. 6 Power to collect, realise and hand over assets to Administrator- General or Public Trustee of neighbouring countries Ord. No. 19 of 1952 s. 7

Section 45Verify source

§ 46Power to transfer share of minor to relativeProvision

The court may appoint a suitable person to receive a minor beneficiary’s share, and the Administrator-General may then pay that person; if the share is worth 3,000 shillings or less, payment can be made without court application or appointment.

46. Where a person entitled to a share under the will or in the distribution of the estate of a deceased person whose estate is being administered by the Administrator- General is a minor, the court may, upon the application of the Administrator- General, appoint the father or mother of such minor or some other suitable person to receive the share of such minor on behalf of the minor, and upon such appointment, the Administrator- General may pay the share of such minor to such person on behalf of the minor and the receipt of such person shall be a full and complete discharge to the Administrator- General as regards such share: Provided that, where the share of such minor does not exceed three thousand shillings in value, the Administrator- General may, without application to, or appointment by, the court, pay the share of such minor to the father or mother of such minor or some other suitable person on behalf of such minor, and the receipt of the person to whom such share is so paid shall be a full and competent discharge to the Administrator- General so far as regards such share. [s. 45]

Section 46Verify source

§ 47Power to collect, realise and hand over assets to Administrator- GeneralProvision

The Administrator-General may ask the court for permission to collect estate assets in Mainland Tanzania and hand them over to the relevant foreign public trustee or administrator, if the conditions in the section are met.

47.–(1) Where a person dies leaving estate in the Mainland Tanzania consisting of only and also estate in Kenya, Uganda, Malawi whose administration is committed to the Administrator- General or Public Trustee of any such country, the Administrator- General may, where requested to do so by the Administrator- General or Public Trustee of any such country and where satisfied that reciprocal legislation exists in such country and that the interests of creditors in Mainland Tanzania shall not be prejudiced, apply to the court for an order authorising the Administrator- General to collect the assets of the estate in Mainland Tanzania and hand them over to the Administrator- General or Public Trustee of such country; and upon making such an order the Administrator- General shall have the same rights and duties as regards the collection and realisation of the assets of the estate, as if administration had 544 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] been committed to and the Administrator- General shall not be liable to the Administrator- General, any creditor or claimant, but shall be discharged from all liabilities upon handing over the assets or the proceeds of the realisation of the assets to the Administrator- General or Public Trustee of such country. (2) There shall be chargeable in respect of proceedings under this section the following- (a) fees payable to the Administrator- General under the provisions of rules made under this Act; (b) estate duty in accordance with the Probate and Cap. 352 Administration of Estates Act; Assets of persons not domiciled in Mainland Tanzania (c) fees of court; and (d) any out- of- pocket realisation expenses and other charges incurred by the Administrator- General in collecting, realising and disposing of or transmitting the assets, or the proceeds of realisation of the assets of the estate in Mainland Tanzania. [s. 46]

Section 47Verify source

§ 48Assets of persons not domiciled in Mainland TanzaniaProvision

If a non-domiciled person dies leaving assets in Mainland Tanzania, the Administrator-General may pay lawful claims after notice and may transfer any surplus to an executor, administrator, or consular officer.

48. Where a person, who is not domiciled in Mainland Tanzania dies leaving assets in Mainland Tanzania, the Administrator- General may, after giving the prescribed notice for creditors and other interested persons to send in their claims against the estate of the deceased and, after the expiry of the time prescribed in the notice, discharge all lawful claims of which the Administrator- General has notice and may, instead of distributing any surplus or residue of the deceased’s assets to entitled persons residing outside Mainland Tanzania, with the consent of the executor or administrator, in the country of the domicile of the deceased, if any, transfer the surplus or residue to such executor or administrator for distribution to such entitled persons: Provided that, such transfer may be made to a consular officer of the country of the domicile of the deceased whose receipt shall be a full and complete discharge to the Administrator- General in respect of the assets. [s. 47] 545 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Assets unclaimed for twelve years to be transferred to Government Ord. No. 19 of 1922 s. 8 Cap. 352

Section 48Verify source

§ 49Assets unclaimed for twelve years to be transferred to GovernmentProvision

Assets held by the Administrator-General for 12 years or more must be transferred to the Government, unless a related suit or proceeding is pending in court.

49.–(1) All assets in the charge of the Administrator- General which have been in the custody of the Administrator- General for a period of twelve years or without any application for payment being made by any person and granted by the Administrator- General shall be transferred in the prescribed manner to the account and credit of the Government: Provided that, this section shall not authorise the transfer of such assets where any suit or proceeding is pending in respect of the assets in any court. (2) Where any assets in the charge of the Administrator- General which have been in the custody of the Administrator- General for a period of less than twelve years are claimed and proved by the Government to the satisfaction of the court that the assets are bona vacantia, such assets shall become the absolute property of the Government and shall be subject to the power of disposal conferred upon the Minister by section 50. [s. 48] Power of Minister to dispose of assets

Section 49Verify source

§ 50Power of Minister to dispose of assetsProvision

The Minister may dispose of or distribute assets transferred to the Government, including part or all of them, among the deceased’s kindred or other persons.

50. It shall be lawful for the Minister to dispose of or distribute either the whole or any part of any assets transferred to the Government under the provisions of section 49 or otherwise, to or among any kindred of the deceased or any other such persons in such shares or manner as the Minister shall think fit. [s. 49] Preparation of balance sheet Ord. No. 4 of 1959 s. 2

Section 50Verify source

§ 51Preparation of balance sheetProvision

The Administrator-General must close accounts at the end of each financial year and, as soon as practicable after that, prepare and send a balance sheet with supporting particulars to the Controller and Auditor-General.

51.–(1) The Administrator- General’s accounts shall be closed on the last day of every financial year. (2) As soon as practicable, after the accounts have been closed, the Administrator- General shall prepare a balance sheet with supporting particulars in respect of the preceding financial year and shall submit copies of the balance sheet to the Controller and Auditor- General: Provided that, the first balance sheet prepared by the Administrator- General under the provisions of this section shall be in respect of such period as may have elapsed since 546 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] False evidence Power of Administrator- General to administer where assets do not exceed ten million shillings Acts Nos. 9 of 1963 3 of 2009 s. 9 a statement of Administrator- General’s accounts was last furnished to the Paymaster- General. [s. 50]

Section 51Verify source

§ 52False evidenceProvision

A person who lies on oath during an authorised examination is treated as having intentionally given false evidence in a judicial proceeding.

52. A person who, during any examination authorised by this Act, makes upon oath a statement which is false and which that person knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a judicial proceeding. [s. 51]

Section 52Verify source

§ 53Power of Administrator- General to administer where assetsProvision

The Administrator-General may administer a deceased person’s estate in Tanzania without probate or letters of administration if the estate is small and certain conditions are met.

53.–(1) Where the gross value of the estate of a deceased person situated in Tanzania does not exceed ten million shillings and either- (a) the Administrator- General is requested by any person, including a creditor, interested in the estate of the deceased or in the due administration of the estate, to exercise the powers conferred upon the Administrator- General by this section; (b) there is no person entitled to a grant of probate of the will of the deceased or letters of administration of the deceased’s estate; or (c) a grant of probate of the will of the deceased or of letters of administration of his estate or an appointment of an administrator of the deceased’s estate under any Act passed or to be passed with reference to small estates is not made within one month from the death of the deceased, the Administrator- General may, where he thinks fit, undertake the administration of the estate without obtaining probate or letters of administration. (2) The Administrator- General shall not, under the power conferred by subsection (1), undertake the administration of an estate where there has been any previous appointment of an administrator under any Act referred to in that subsection if there has been any previous grant of probate of the will of the 547 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] deceased or of letters of administration of the deceased’s estate, unless such appointment or grant has been revoked. (3) The Administrator- General shall inform the High Court of every administration which the Administrator- General undertakes under this section, and shall publish in the Gazette a notice of having undertaken the administration, and upon the publication of such notice the estate of the deceased shall vest in the Administrator- General. (4) The Administrator- General shall, for the purpose of an administration under this section, have the same powers and be subject to the same obligations as if letters of administration of the estate of the deceased had been duly granted to the Administrator- General under this Act, except that, it shall not be obligatory on the Administrator- General to file in court the Administrator- General’s account or vouchers unless required to do so by a beneficiary or creditor of the administration, and receives payment of such sum as the Administrator- General may reasonably require to cover the cost of preparing, filing and passing the accounts. (5) The Administrator- General shall have full power to settle with finality and without appeal all disputes and questions which may arise in the course of an administration under this section, including claims by creditors, but may, where the Administrator- General thinks fit, allow an appeal to, or apply to seek directions from the High Court. (6) In settling the disputes or questions referred to in subsection (5), the Administrator- General may, where it appears expedient in the interests of justice or with a view to saving expense, act upon information which appears to the Administrator- General to be credible. [s. 52] Indian Succession Act not to supersede rights of Administrator- General

Section 53Verify source

§ 5455. Order of court equivalent to decreeProvision

The Indian Succession Act, 1865 does not override the Administrator-General’s rights, duties, or privileges under this Act.

54. Nothing contained in the Indian Succession Act, 1865 shall be taken to supersede the rights, duties and privileges of the Administrator- General under this Act. [s. 53] 548 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ADMINISTRATOR- GENERAL (POWERS AND FUNCTIONS) ACT [CAP. 27 R.E. 2023] Order of court equivalent to decree Power of Minister to make rules GN. No. 478 of 1962

Section 54Verify source

§ 55Order of court equivalent to decreeProvision

A court order made under this Act has the same effect as a decree.

55. An order made under this Act by the court shall have the same effect as a decree. [s. 54]

Section 55Verify source

§ 56Power of Minister to make rulesProvision

The Minister may make rules published in the Gazette to carry out the Act and regulate the Administrator-General’s proceedings.

56.–(1) The Minister may make such rules to be published in the Gazette for carrying into effect the objects of this Act and for regulating the proceedings of the Administrator- General as the Minister thinks fit. (2) In particular and without prejudice to the generality of the powers under subsection (1), rules may provide for- (a) the accounts to be kept by the Administrator- General; (b) notices and method of service to be given by the Administrator- General; and (c) prescribed forms, scales of fees and any other matter which in this Act is directed to be prescribed. 549 ©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.

Section 56Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Administrator- General to administer where assets do not exceed ten million shillings Act
Section 51
Administrator- General under this Act
Section 54
Child Act
Section 5
Estates Act
Section 47
Executive Agencies Act
Section 4

G–M

1 instrument

Minister to make rules The Minister may make rules published in the Gazette to carry out the Act
Section 56

N–S

2 instruments

Probate and Administration of This section defines key terms used in the Act
Section 2
Probate and Administration of This section says the Act
Section 3

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