Where a Kenyan dies leaving property in Kenya, the estate must be administered under the Law of Succession Act (Cap. 160). Beneficiaries resident abroad are not disqualified; they petition through Kenyan advocates and ordinarily appoint a co-administrator resident in Kenya for practical reasons.
Testate or intestate?
If the deceased left a valid will, the named executor petitions for a grant of probate. In the absence of a will, the dependants — typically the surviving spouse and children — apply for letters of administration intestate.
Where to petition
Petitions are filed in the High Court of Kenya or, depending on value and locality, in the Resident Magistrate's Court with succession jurisdiction. Venue is determined by where the deceased was ordinarily resident at the time of death.
Supporting documents
A typical petition includes the death certificate, the will (if any), proof of relationship of the petitioners, an affidavit identifying all dependants, and a schedule of assets and liabilities. Diaspora petitioners swear affidavits before a Kenyan mission or a notary public abroad; documents executed outside Kenya are typically apostilled or legalised.
Gazettement and confirmation
Once the petition is in order, the court gazettes the application for at least 30 days inviting objections. If none are filed, a grant issues. The grant must then be confirmed under Section 71 of the Act — usually six months after issue — before distribution to beneficiaries.
Common pitfalls
Failing to disclose all dependants is a frequent ground for objection and can result in revocation of the grant. Out-of-Kenya executions that omit apostille or proper notarisation often cause the court to reject affidavits. Plan early; uncontested matters routinely take eight to twelve months from filing to distribution.
Citations & further reading
Related practice areas
This article is for general information only and does not constitute legal advice. Readers should obtain specific counsel on their particular matters.