Grant of Probate

Probate and administration is the legal process by which a deceased person's estate is managed and distributed. In Kenya, this process is governed by the Law of Succession Act (Cap 160) and the Probate and Administration Rules, and is administered by the High Court. The process begins with the issuance of a grant — a document that gives a named person (the executor or administrator) the legal authority to manage the estate — and ends with the distribution of the estate to the beneficiaries and the discharge of the personal representative.

This area covers both testate and intestate estates. For testate estates (where the deceased left a valid will), they apply for a grant of probate — the document that confirms the validity of the will and appoints the executor named in the will as the personal representative of the estate. Advocates prepare the petition for probate, the original will, the death certificate, the oath of the executor, and the schedule of assets and liabilities. Advocates file the application with the High Court and manage the process through to the issuance of the grant.

For intestate estates (where the deceased died without a will, or where the will is invalid), they apply for letters of administration intestate. Advocates identify the person with the highest priority to administer the estate — usually the surviving spouse, and then the adult children, and then the parents and siblings of the deceased — and they prepare the application for letters of administration. Advocates handle the requirements for the consent of other potential administrators (or the renunciation of their rights), and they manage the process through to the issuance of the grant.

Once the grant is issued, the real work of estate administration begins. Advocates assist the personal representative with the identification and valuation of estate assets — including bank accounts, shares, real estate, motor vehicles, business interests, and personal effects. Advocates handle the collection of the estate's assets — transferring bank accounts into the name of the estate, lodging claims with pension providers and insurance companies, and taking possession of physical assets. Advocates also identify and settle the estate's liabilities — including funeral expenses, medical bills, outstanding loans, and taxes.

Advocates manage the distribution of the estate to the beneficiaries. For testate estates, they distribute in accordance with the will. For intestate estates, they distribute in accordance with the rules of intestate succession under the Law of Succession Act — which provide for the surviving spouse, the children, and (in some cases) the parents and siblings of the deceased. Advocates prepare the distribution schedule, obtain the beneficiaries' consent, and execute the transfers and payments that give effect to the distribution.

Advocates also handle contested estate matters — including challenges to the validity of wills, disputes over the identification of beneficiaries, objections to the appointment of administrators, and complaints about the conduct of personal representatives. Advocates act for executors, administrators, beneficiaries, and disappointed claimants, and they litigate estate disputes before the High Court with vigour and precision.

The work also covers the management of complex estates — including estates with assets in multiple jurisdictions, estates with business interests that require ongoing management, and estates where the deceased held property under customary law or as a trustee. Advocates work alongside accountants, valuers, and tax advisors to ensure that every estate is administered efficiently, lawfully, and in accordance with the deceased's wishes (or the statutory framework, where there is no will).