When a person dies in Kenya, their estate must be administered before assets can be transferred to beneficiaries. The process — governed by the Law of Succession Act and the Probate and Administration Rules — requires a grant from the court (High Court or Resident Magistrates Court in some cases), followed by the collection and distribution of estate assets. This guide walks through each stage.
Stage 1: Grant of Probate or Letters of Administration
If the deceased left a valid will, the executor named in the will applies for a grant of probate, which authorises the executor to act. If there is no will (intestacy), or if there is no executor, an interested party applies for letters of administration.
The application is made to the High Court (or Environment and Land Court for land-related matters). It requires: a certified copy of the death certificate, the original will (if any), an inventory of assets and liabilities, and the application documents prescribed by the Rules.
Stage 2: Advertisements and Objections
The court requires the application to be advertised in the Kenya Gazette and a daily newspaper, allowing creditors and potential objectors to come forward. Any interested party may lodge a protest against the grant.
Stage 3: Confirmation of Grant
Once the initial grant is made, it must be confirmed before the personal representative can distribute the estate. At the confirmation stage, a schedule of the estate (assets and liabilities) and a proposed distribution are presented to the court. Beneficiaries are notified and may object.
Stage 4: Distribution
Upon confirmation, the personal representative collects estate assets, pays debts and funeral expenses, satisfies any court orders for provision, and distributes the balance to the beneficiaries as directed by the will or the intestacy rules.
Timeframes
Simple estates with a valid will, no disputes and clear assets can be administered within 6–12 months. Complex estates, intestate successions and contested matters can take significantly longer — sometimes several years if disputes arise.