When a Kenyan dies, the Law of Succession Act (Cap. 160) determines who administers the estate and who inherits. This guide explains the process in plain English.
Letters of administration vs. probate
A grant of probate is issued where the deceased left a valid will. Letters of administration intestate are issued where there is no will, typically to the surviving spouse or eldest dependent child.
The probate process step by step
File a petition in the High Court (or magistrate's court with succession jurisdiction). The court gazettes the application for at least 30 days. If no objections are filed, a grant issues. Confirmation follows under Section 71, usually six months later, before distribution.
Inheritance disputes
Disputes commonly arise where a dependant is omitted, where customary expectations conflict with statutory rules, or where assets are concealed. Section 26 allows the court to make reasonable provision for omitted dependants.
Rights of widows and children
Sections 35–40 protect surviving spouses and children. Daughters and sons inherit equally — customary exclusion of daughters is unconstitutional under Article 27.
Timelines and documents required
Expect 8–12 months for uncontested matters. Required documents include the death certificate, the will (if any), proof of relationship, an affidavit of dependants and a schedule of assets and liabilities.
Citations & further reading
Frequently asked questions
How long does succession take in Kenya?
Uncontested matters typically take 8–12 months from filing to confirmation. Contested estates can take several years.
Who can apply for letters of administration?
Ordinarily the surviving spouse, adult children or other dependants. Up to four administrators may be appointed jointly.
Is a foreign will valid in Kenya?
A foreign will is generally recognised if validly executed under the law of the place where it was made and the deceased was domiciled, subject to resealing or fresh probate in Kenya.
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.