Analysis of the key amendments to the probate rules, in Tanzania

The Probate (Amendment) Rules, 2025, introduced via GN No. 429 of 2025, represent a significant evolution in Tanzania’s legal framework for administering estates. The amendments address longstanding inefficiencies and modernize the procedure to reflect both technological advancement and practical realities in succession cases. Below is an analysis of key changes made to selected rules.

1. Rule 2; Expanded Definitions –The amendments redefine “Registrar’ to include an “Acting Deputy Registrar,” and introduces the term “special mirathi account”; a mandatory bank account for estate funds. the account shall be opened by an executor or administrator to collect deceased funds that are part and parcel of the deceased estates.
2. Rule 6; Recording Proceedings – The rule now allows any form of record as long as it can be read, expanding beyond handwritten or printed formats.

3. Rule 7; Custody of Original Documents – Responsibility for assessing the quality of documents shifted from Registrar to court.

4. Rule 6; Modernization of Written Proceedings – Previously, all court proceedings under the Probate Rules had to be written or printed on foolscap-size paper. This outdated method restricted efficiency and excluded the use of modern technology in recordkeeping. The amended Rule 6 now allows proceedings to be recorded “in any manner that reduces them into a readable form.”
5. Rule 8: Language Inclusion – The original rule required documents to be translated into English only. In a country where Kiswahili is the national language and widely spoken, this created an unnecessary linguistic barrier. The amendment now allows translation into either English or Kiswahili.
    
6. Rule 12; Gazette Notices – The rule is deleted, removing the rigid requirement of gazette advertisement. This adds flexibility in how public notices are made (reflected later in Rule 75).
7. Rule 17; Hearing Format – All probate applications shall be heard in chambers, unless the court orders otherwise. The amendment reinforces privacy and expedites non-contentious probate matters.

8. Rule 24; Application for Receiver – Introduces a standard form (Form 6) and mandates proof that the proposed receiver is fit, unless it is the Public Trustee.

9. Rule 27; Reduced Citation Compliance Timeline – Previously, once a person was cited to accept or renounce an executorship, they had 30 days to comply. The amendment reduces this period from 30 days to 14 days and shifts authority from the Registrar to the court.
10. Rule 28; Flexible Rectification Process – Before the amendment, rectification of grants could only be initiated formally through a chamber summons and affidavit. The amended rule now permits oral or informal written applications in addition to the formal process.
11. Rule 29; Annulment vs. Revocation – Before amendment, the phrase “Revocation of Grant” covered both revocation and annulment, leading to conceptual confusion. The amendment changes Rule 29 to be on “Annulment of Grant” and removes the word “revoking.”
12. Introduction of Rule 29 A – Revocation of Executors/Administrators – Previously, There was no direct rule guiding the revocation of an executor and appointment of a replacement. The newly introduced Rule 29A now enables the court to revoke a grant and appoint the Administrator-General if no interested party applies within three months.
13. Rule 31 – Shortened Delay Period for Applications (Rule 31) – Before introduction of the new Rule 31, parties had up to three years after death to file a petition. The amended rule reduces this to 12 months.

14. Rule 39 – Simplification of Letters of Administration – Previously, applicants had to submit Forms 26 or 27 and also secure an administration bond and surety. The amendment simplifies this by using Form 18 only and removing the bond requirement.

15. Rule 48 – Protection of Heirs Against Premature Creditor Claims – Earlier, creditors could petition for letters of administration at any time. The amendment now prohibits creditor petitions unless no beneficiary applies within 12 months of death.

16. Rule 75 – Flexible Public Notification – Previously, general citations had to be published in the Government Gazette, a costly and often inaccessible medium. The amendment allows publication in widely circulated newspapers or by any other means directed by the court.

17. Rule 82 – Streamlined Caveat Procedure – The amendments require the petitioner to issue a citation to the caveator within 14 days. Failure to do so results in the petition being deemed withdrawn.

18. Introduction of the Special Mirathi Account (Rule 105A) – Previously, there was no formal requirement for a separate estate account. The new rule mandates executors and administrators to open a “Special Mirathi Account” for depositing estate monies. Withdrawals require court authorization.

Conclusion

The Probate (Amendment) Rules, 2025 reflect a progressive shift toward clarity, efficiency, accessibility, and financial accountability in Tanzania’s succession law. These reforms not only modernize outdated procedures but also protect the interests of beneficiaries and enhance the court’s ability to manage estates justly and effectively.