When a loved one dies without a will, their property cannot simply be shared out by the family. Land, bank accounts, vehicles and shares stay frozen until the court appoints someone to administer the estate. This guide explains the succession process in Kenya for an estate without a will (an “intestate” estate) under the Law of Succession Act (Cap. 160).
Why you need a grant
A grant of letters of administration is a court order that gives one or more people the legal authority to deal with the deceased person’s estate. Without it, banks will not release funds and the Land Registry will not transfer title.
The Act also makes it an offence to intermeddle with a deceased person’s property without authority. This means taking possession of, selling or otherwise dealing with it before a grant is issued. Families sometimes sell land or vehicles informally to “settle” matters, only to find the sale is void and exposes them to liability.
Who can apply?
The Act sets an order of priority. The surviving spouse comes first, followed by the children, then other relatives in the order the Act prescribes. Where there are no relatives, the Public Trustee may administer the estate. As a rule, no more than four administrators may be appointed. Where a minor has a beneficial interest, the court will normally require at least two administrators.
Anyone with an equal or higher right to apply who is not joining the petition must either consent in writing or be formally cited.
Documents you will need
- The death certificate (a burial permit alone is not enough).
- A letter from the area chief confirming the deceased’s survivors and listing the known assets.
- Copies of the identity cards of the petitioners and the adult beneficiaries, and birth certificates for minors.
- Evidence of the assets, such as title documents, logbooks, bank statements and share certificates.
- The prescribed court forms. These include the petition for letters of administration intestate (Form P&A 80), the affidavit in support (Form P&A 5) and the consent of those with an equal or prior right (Form P&A 38), together with any guarantees by sureties the court requires.
The process, step by step
- File the petition in the High Court, or in a Magistrate’s Court where the value of the estate is within its jurisdiction, through the Judiciary e-filing system.
- Gazettement. The court causes a notice of the petition to be published in the Kenya Gazette. Anyone with an objection has 30 days to come forward.
- Issue of the grant. If no valid objection is filed, the court issues the grant of letters of administration. The administrators can now collect information, secure the assets and settle debts, but they cannot yet distribute the estate.
- Wait six months. Section 71 requires the grant to be confirmed before the estate is distributed. The application for confirmation is ordinarily made six months after the grant was issued. This period allows creditors and any overlooked dependants to come forward.
- Apply for confirmation. The administrators file a summons for confirmation of grant, setting out every asset and exactly how it will be shared, with the written consent of the beneficiaries.
- Transfer the assets. Once the court confirms the grant, it issues a certificate of confirmation. The administrators use this to transmit land, close and pay out bank accounts, and transfer vehicles and shares into the beneficiaries’ names.
An uncontested succession cannot be completed much faster than seven to eight months because of the Gazette and confirmation periods. Disputes over beneficiaries or distribution can extend this considerably.
How is the estate shared?
Where there is no will, the Act sets out how the estate is distributed. Where the deceased left a spouse and children, the spouse is entitled to the personal and household effects and to a life interest in the rest of the estate, with the children ultimately sharing the residue. Different rules apply where there is no spouse, no children, or more than one household, as in a polygamous family.
Under the Constitution and the Act, sons and daughters inherit equally, whether married or unmarried. Children born outside marriage whom the deceased recognised or had taken in as his or her own also have a claim, as do certain dependants under section 29.
Common pitfalls
- Leaving people out. A grant obtained by concealing beneficiaries can be revoked. Disclose everyone who survived the deceased.
- Selling before confirmation. Immovable property may not be sold before the grant is confirmed, and buyers in such sales risk losing both the land and their money.
- Ignoring debts. Administrators must settle the deceased’s lawful debts before distribution.
- Not completing administration. After confirmation, administrators remain accountable to the court and the beneficiaries until the estate is fully distributed.
Special grants
Sometimes a limited grant is needed quickly. A grant ad litem allows someone to file or defend a court case on behalf of the estate, such as a claim arising from a fatal road accident. A grant ad colligenda bona allows assets to be collected and preserved while the full succession is pending.
Frequently asked questions
Do I need a lawyer to file succession?
The law does not require one, but the forms, consents and distribution schedules are technical, and errors often cause delays or later challenges. An advocate also helps manage family disagreements before they reach court.
What if family members cannot agree?
The court can hear objections and protests, and it will decide who should administer the estate and how it is distributed. Mediation is often a quicker and less costly route.
Can the bank release money for funeral expenses?
Some banks will release limited sums for funeral costs, but this varies. Any such payment should be properly recorded and accounted for in the succession.
How we can help
We guide families through succession with sensitivity, from preparing the petition to confirmation and transfer of assets, and we also act in contested estates. To discuss a succession matter, contact Odek Law Advocates.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific situation.