Testate and intestate estates
Where a valid will exists, the executor named in the will petitions for a grant of probate. Where there is no will, dependants — ordinarily the surviving spouse and children — petition for letters of administration intestate.
We draft, witness and safekeep wills, advise on executor selection, and assist trustees and beneficiaries throughout estate administration.
Required documents and evidence
A typical petition is supported by the death certificate, the original will (if any), proof of relationship of the petitioners, an affidavit identifying all dependants, and a schedule of the deceased's assets and liabilities. Omitting a dependant is a common ground of objection.
Rights of widows, widowers and children
Sections 35 to 40 of the Act set out the distribution of intestate estates. A surviving spouse takes the personal and household effects and a life interest in the residue (terminated on remarriage for a widow), with the children taking the remainder in equal shares — sons and daughters alike, in line with Article 27 of the Constitution.
Contested estates and objections
We represent both petitioners and objectors in protests filed under Section 26 (reasonable provision for dependants), Rule 17 (objections to grants) and applications to revoke or annul grants under Section 76 where material non-disclosure or fraud is established.
Diaspora succession
Beneficiaries abroad routinely petition through Kenyan advocates and often appoint a co-administrator resident in Kenya. Affidavits sworn outside Kenya should be apostilled or notarised before a Kenyan mission to be admissible in our courts.
Frequently asked questions
How long does probate take in Kenya?+
Uncontested matters typically take eight to twelve months from filing to confirmation of grant under Section 71 of the Law of Succession Act. Contested estates can take several years.
Can a daughter inherit property in Kenya?+
Yes. Article 27 of the Constitution of Kenya and the Law of Succession Act guarantee equal inheritance rights regardless of sex. Customary rules that exclude daughters are unconstitutional and have been struck down in repeated High Court decisions.
What is the difference between a grant of probate and letters of administration?+
A grant of probate confirms an executor named in a valid will. Letters of administration are issued where there is no will (intestate) or where the named executor is unable to act, authorising a dependant to administer the estate.
Can a will be challenged in Kenya?+
Yes — on grounds including lack of testamentary capacity, undue influence, fraud, improper execution, or failure to make reasonable provision for a dependant under Section 26 of the Law of Succession Act.
Do I need to come to Kenya to administer my parent's estate?+
Not necessarily. Diaspora dependants can petition through Kenyan advocates and appear by sworn affidavit. Physical attendance may be required only for confirmation hearings in contested matters.