Succession in Kenya is a legal process that allows for the transfer of a deceased person’s estate including land, property, and assets to rightful heirs. This guide provides a comprehensive step-by-step overview from the moment of death to the issuance of title deeds after confirmation and transmission. It applies to both testate (with a will) and intestate (without a will) estates.
1. Death Occurs and Must Be Reported
The family must obtain a Death Certificate from the Registrar of Deaths. The estate will be classified as either testate (with a valid will) or intestate (without a will).
2. Filing a Petition for Grant of Representation
This petition asks the court to appoint someone to manage the estate.
If the deceased had a will; File a Petition for Probate.
If the deceased died without a will: File a Petition for Letters of Administration Intestate.
Documents required:
- Death Certificate
- List of heirs and ID copies
- Asset list (include land titles)
- Chief’s letter
- ID documents of proposed administrators
- Guardianship consent (if minors involved)
Common forms:
- P&A 5 – Petition for Letters of Administration
- P&A 12 – Justification of Administrator
- P&A 11 – Assets and Liabilities
- P&A 57 – Consents
- Death certificate copy
3. Publication in Kenya Gazette
Once the petition is filed, the court issues a 30-day public notice in the Kenya Gazette to allow objections. If none are raised, the process continues.
4. Grant of Representation is Issued
If no objections are filed, the court issues either:
– Grant of Probate (testate)
– Grant of Letters of Administration (intestate)
This allows the administrator to manage the estate but not distribute it yet.
5. Application for Confirmation of Grant
This is filed six months after the initial grant. It includes:
- Summons for confirmation
- Supporting affidavit
- Schedule of distribution
- Consent forms (Form 37/38)
If approved, the court issues a Confirmed Grant, which enables land transfer and estate distribution.
6. Post-Grant: Land Transmission and Title Transfer
After confirmation, land and assets can be transmitted to beneficiaries:
- Lodge confirmed grant at land registry
- Apply for transmission and registration
- Conduct subdivision if needed
- Apply for stamp duty exemption
- Receive new title deeds
These steps are covered in detail in our companion article: ‘The Land Transfer Process After Confirmation of Grant in Kenya’.
In Summary;
Succession in Kenya involves multiple legal steps, court filings, and registry processes. With experienced legal support, families can ensure a smooth transition of land and assets while protecting the rights of all beneficiaries.
At our Firm – P. A. KWEGA & CO. ADVOCATES, we offer tailored legal support through every phase of the succession process- ensuring your rights are protected and your loved one’s legacy is honored with clarity and care.
Need assistance with a succession matter? Contact us for trusted legal guidance.
Contact us at;
Email : info@pkwegaadvocates.co.ke ; pkwega.advocates@gmail.com
or
Phone call : 0732575066
WhatsApp: 0732575066
