Succession

Succession is the legal process of transferring a deceased person’s property, money, and assets to their rightful heirs or beneficiaries. In Kenya, succession can happen in two ways:

  • Testate Succession – When the deceased left a valid will that outlines how their property should be distributed.
  • Intestate Succession – When the deceased did not leave a will, so the property is distributed according to Kenya’s Law of Succession Act.

The process of succession in Kenya depends on whether the deceased left a will (testate succession) or no will (intestate succession). Below is the step-by-step process for both situations:

Testate Succession (With a Will)

If the deceased left a valid will, the estate is distributed according to their wishes. The process is as follows:

Step 1: File a Petition for Probate

  • The executor (person named in the will) files a petition in the High Court or Magistrate’s Court to validate the will.
  • Attach the original will and a death certificate.
  • Pay the required court fees.

Step 2: Court Reviews the Will

  • The court checks if the will is valid and legal.
  • If no one contests it, the court grants probate (legal authority to distribute the estate).

Step 3: Distribution of Property

  • The executor follows the instructions in the will to distribute property to the beneficiaries.
  • If disputes arise, the court resolves them before distribution.

Intestate Succession (Without a Will)

If the deceased did not leave a will, the estate is distributed according to the Law of Succession Act. The process is as follows:

Step 1: File a Petition for Letters of Administration

  • A close relative (e.g., spouse, child, or sibling) applies to the court for permission to manage the estate.
  • Submit a death certificate and a list of beneficiaries.

Step 2: Gazette Notice & Objection Period

  • The petition is published in the Kenya Gazette to allow anyone with objections to come forward.
  • If no one objects within 30 days, the process continues.

Step 3: Issuance of Grant of Letters of Administration

  • If the court is satisfied, it grants Letters of Administration, allowing the administrator to manage the estate.

Step 4: Confirmation of the Grant

  • After six months, the administrator applies to confirm the grant.
  • The court ensures all debts are cleared before approving the final distribution of assets.

Step 5: Distribution of Property

  • The estate is shared among the beneficiaries based on Kenya’s Law of Succession Act.
  • Spouses, children, and dependents are given priority.

Key Considerations in Succession

If there’s a dispute, the court resolves it before confirming the grant.
 Children and spouses have first priority in inheritance.
 Land, money, and assets are divided fairly among beneficiaries.

Listen to our Succession Episodes in Swala Nyeti

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