A step-by-step overview of the succession process under the Law of Succession Act — from the chief’s letter to transmission of land.
When a family member dies, their property cannot simply be shared out or transferred. Under the Law of Succession Act (Cap. 160), the estate must first be administered by a person appointed by the court. Understanding the process helps families avoid delays, disputes and even criminal liability.
Testate or intestate?
If the deceased left a valid will, the estate is testate and the executors named in the will apply for a grant of probate. If there is no will, the estate is intestate, and close family members apply for a grant of letters of administration.
The main steps
- Gather documents — the death certificate, IDs of the beneficiaries, and documents showing the assets (title deeds, logbooks, bank statements, shares).
- Obtain a letter from the area chief listing the deceased’s surviving spouse(s), children and other dependants.
- File the petition in the appropriate court — depending on the value of the estate, this may be the Magistrates’ Court or the High Court.
- Gazettement — the court publishes a notice in the Kenya Gazette, giving anyone with an objection 30 days to come forward.
- Issue of the grant — if there is no objection, the court issues the grant to the administrators or executors.
- Confirmation of grant — after six months from the date of the grant, the administrators apply for confirmation, setting out exactly how the estate will be distributed.
- Transmission — with the confirmed grant, assets are transferred to the beneficiaries, for example at the land registry.
Avoid intermeddling
Selling, transferring or taking possession of a deceased person’s property without a grant is known as intermeddling, and it is an offence under the Act. Buyers should be especially careful: land bought from a family member who has no grant can be lost.
What does the surviving spouse receive?
Where the deceased left a spouse and children, the spouse is generally entitled to the personal and household effects and a life interest in the rest of the estate, with the children ultimately inheriting. The exact entitlement depends on the family situation, so advice is important.
Plan ahead with a will
A properly drafted will reduces uncertainty, protects dependants and can prevent painful family disputes. It is one of the most valuable documents you will ever sign.
