Skip to content
Family & successionUpdated 2 min read

Succession without a will: how an estate is distributed

When someone dies intestate, the Law of Succession Act decides who inherits. A plain guide to letters of administration and the distribution rules.

By Wakili Link Editorial

When a person dies without a valid will, their estate is distributed under the intestacy provisions of the Law of Succession Act (Cap. 160). Nobody — not even a spouse — may lawfully deal with the deceased’s property until the court issues a grant.

Step 1: Apply for letters of administration

The petition goes to the High Court, or to a magistrates’ court for smaller estates within its jurisdiction. You need:

  • the death certificate,
  • a letter from the area chief listing the deceased’s family,
  • a list of assets and liabilities, and
  • consents from other beneficiaries with an equal or prior right to apply.

The petition is gazetted in the Kenya Gazette so that anyone with an objection can come forward.

Step 2: Confirmation of the grant

The grant can only be confirmed after six months from the date it was issued. At confirmation, the court approves how the estate will be shared. Only a confirmed grant allows transfer of land and closure of accounts.

The distribution rules (simplified)

  • Spouse and children: the surviving spouse takes personal and household effects and a life interest in the rest; the children share the net estate.
  • Spouse, no children: the spouse takes household effects, a first share of the estate and a life interest in the rest.
  • No spouse: the children share equally.
  • No spouse or children: parents, then siblings, then other relatives.

All children — sons and daughters, married or not — have equal rights.

Avoid intermeddling

Selling or using estate property without a grant is an offence (section 45). Wait for the grant before collecting rent, selling land or withdrawing funds.

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

Get help from a verified advocate

This article is general information, not legal advice on your situation. If you need advice, describe your matter on Wakili Link and we will match you with a verified advocate who handles it.

This article is general information current at the date of publication, not legal advice. For advice on your situation, get in touch.

Need help with Family & Private Client? Submit an inquiry and we’ll match you with a verified advocate.

All articles

Keep reading

Related articles

Ready to find an advocate?

Create a client account and tell us what you need. We acknowledge every inquiry within one business day.

Create a client accountContact us
    Succession without a will: how an estate is distributed