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Wills and Estate Administration in Malawi: What You Need to Know

updated on : Monday, 9 Nov, 2026 · 2 min read · from 4 official sources

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Table of contents
  • The Administrator General's office, under the Ministry of Justice, manages deceased estates and obtains letters of administration13
  • You should prepare a will to ensure your property is distributed according to your wishes4
  • The Administrator General's office manages estates of public servants who die without a will, and can facilitate dispute mediation among beneficiaries4
  • Probate or letters of administration cannot be granted to more than four persons in respect of the same property2
  • The Deceased Estates (Wills, Inheritance and Protection) Act governs how estates are handled4

The Administrator General’s office is responsible for administering deceased estates and trusts by obtaining letters of administration.1 The office operates under the Administrator General Act and the Deceased Estates (Wills, Inheritance and Protection) Act.14 Among other duties, the office obtains letters of administration, facilitates dispute mediation among beneficiaries, offers advisory guidance before matters are referred to court, oversees changes of ownership, and manages distribution of benefits such as pensions for deceased public servants.4

Why you should write a will

You are encouraged to make a will to ensure that property distribution after death reflects your wishes.4 The Administrator General manages estates of public servants who die without a will or where the office is appointed as executor.4 Writing a will helps ease the burden of managing your estate.

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How estates are administered

When a person dies, the Administrator General’s office obtains letters of administration, which give legal authority to manage the estate.14 The office may use District Commissioners as its agents to provide deceased estate administration services.1 Letters of administration will be granted to eligible persons who would have been entitled to a grant if the deceased had died without a will, including universal or residuary beneficiaries and beneficiaries under the will.2

Limits on who can administer an estate

Probate or letters of administration cannot be granted to more than four persons in respect of the same property.2 They also cannot be granted to a syndic or nominee on behalf of a corporation or company.2

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Frequently asked questions

What happens if I die without a will?

If you die without a will, the Administrator General’s office can obtain letters of administration to manage your estate, and eligible beneficiaries can be granted administration rights.12

Can I choose anyone to administer my estate?

While you can name executors in your will, probate or letters of administration cannot be granted to more than four persons for the same property.2

Official sources

  1. Administrator General's Department justice.gov.mw · archived copy
  2. Deceased Estates (Wills, Inheritance and Protection) Act gender.gov.mw · PDF · archived copy
  3. New Administrator General in town justice.gov.mw · archived copy
  4. Prepare a Will, Urges Administrator General. justice.gov.mw · archived copy

Every fact in this guide comes from these official Government of Malawi pages, numbered to match. Fees, dates and rules change: confirm on the official site before you go. Spotted an error? Tell us.

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