How to file a succession case in Kenya: steps, time and cost

When someone dies owning land, a bank account, shares or a vehicle in their own name, those assets can only be transferred after a court issues a grant of representation under the Law of Succession Act (Cap. 160). The process is called a succession cause.

Probate or letters of administration?

• Grant of probate — the deceased left a valid will that names an executor. The executor applies.
• Letters of administration — there is no will, or the will names no executor who can act. The closest relatives apply, in the order of priority the Act sets out, starting with the surviving spouse.

The steps

1. Gather the documents. The death certificate, the original will (if any), a letter from the area chief listing the deceased's surviving family, and a list of assets and debts.
2. Agree among the family. Everyone entitled to apply in priority to you either joins the petition or consents in writing. Disagreement at this stage is the most common cause of delay.
3. File the petition. It goes to the High Court or, for smaller estates, a magistrates' court, with a supporting affidavit and the consents.
4. Gazettement. The court publishes the petition in the Kenya Gazette. Anyone with an objection has 30 days to lodge it.
5. Issue of the grant. If no one objects, the court issues the grant. The administrators can now collect information and protect the estate, but not yet distribute it.
6. Confirmation of the grant. No sooner than six months after the grant is issued, the administrators apply to have it confirmed, setting out exactly who receives which asset. The certificate of confirmation is what the land registry, banks and the NTSA act on.

How long does it take?

An uncontested cause with complete documents commonly takes eight to twelve months, because of the gazette period and the six-month wait before confirmation. Objections, missing beneficiaries or disputes over a will can stretch it to several years.

What does it cost?

Costs are driven by court filing fees, the gazette notice, advocate's fees (charged under the Advocates (Remuneration) Order, usually related to the value of the estate) and, later, the costs of transferring each asset. Ask the advocate for a written estimate before you start.

Common mistakes

• Intermeddling — selling, leasing or using estate property before a grant is an offence.
• Leaving out a beneficiary — every child, including married daughters and children born outside marriage, must be disclosed. A grant obtained by hiding a beneficiary can be revoked.
• Treating the grant as the end — until confirmation, nothing can be distributed.

This article is general information, not legal advice on your situation.

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