Succession in Kenya: the first steps after a death

When someone dies, their property does not pass to the family automatically. Under the Law of Succession Act, a person must first be given authority by the court to deal with the estate. That authority is called a grant of representation.

Is there a will?

If there is a valid will, the executors it names apply for a grant of probate. If there is no will, close family members apply for a grant of letters of administration, and the estate is shared according to the rules of intestacy in the Act.

What the court will want to see

• The death certificate
• The will, if there is one
• A letter from the local chief identifying the deceased's family and dependants
• A list of the assets and liabilities of the estate: land, vehicles, bank accounts, shares, debts
• The consent of the other people entitled to apply, or notice to them

Notice and objections

The application is published in the Kenya Gazette, so that anyone with an interest can object. If no one objects within the notice period, the court can issue the grant.

Confirmation

The grant appoints the administrators, but they cannot yet share out the estate. They must later apply to have the grant confirmed, setting out how the property will be distributed. The Act requires a period to pass after the grant is issued before confirmation can be sought.

Do not intermeddle

Until a grant is issued, no one should sell, transfer or take possession of the deceased's property. Dealing with an estate without authority is an offence under the Act, and it is a common cause of family disputes.

Every family's situation is different, particularly where there is more than one household, property in several places, or a business. We advise families and administrators at every stage, from the first application to confirmation and distribution.