The Procedure for Succession in Kenya

In Kenya, the succession process, governed by the Law of Succession Act, involves distributing a deceased person's property to their beneficiaries, either through a will (testate) or according to legal rules if no will exists (intestate).

Here's a breakdown of the process:

1. Types of Succession:

• Testate Succession:

When the deceased leaves a valid will outlining how their property should be distributed. 

• Intestate Succession:

When the deceased dies without a will, the estate is distributed according to the Law of Succession Act, prioritizing the spouse, children, and other relatives. 

2. Key Stages in the Succession Process:

• Reporting the Death:

The death of the deceased must be reported and a death certificate obtained. 

• Identifying Heirs and Beneficiaries:

Determine who is entitled to inherit the deceased's property. 

• Applying for Probate or Letters of Administration:

• Probate: If there's a will, the executor named in the will applies to the court for a grant of probate. 

• Letters of Administration: If there's no will, an application for letters of administration is made to the court. 

• Gazetting the Application:

A notice of the application is published in the Kenya Gazette to allow for any objections. 

• Court Hearing and Grant:

The court hears the application and, if no objections are raised, issues a grant of probate or letters of administration. 

• Administering the Estate:

The executor or administrator manages the estate, settles debts, and distributes assets to the beneficiaries. 

• Land Transfer:

For land, the process involves transferring ownership from the deceased to their heirs, requiring legal steps and ensuring fair distribution. 

3. Intestate Succession Rules (if no will):

• The estate is distributed according to the Law of Succession Act, prioritizing the spouse, children, and other relatives. 
• Specific rules apply to the distribution of property among different family members, including children, parents, siblings, and other relatives. 
• The court will take into consideration multiple factors and rules to ensure a fair and legal distribution of property to the beneficiaries. 

4. Important Considerations:

• Consulting Legal Professionals:

It's advisable to seek legal advice from a qualified advocate to navigate the complexities of the succession process. 

• Drafting a Clear Will:

Creating a clear and comprehensive will can help ensure that the deceased's wishes are carried out and prevent potential disputes.

• Appointing Competent Executors and Trustees:

Choose individuals who are capable of managing the estate and distributing assets according to the will or the Law of Succession Act.

• Land Registration Act 2002:

The Land Registration Act governs the registration of land and provides the legal framework for transferring land ownership. 

• Kenya Gazette:

The Kenya Gazette is used to publish notices related to succession applications, allowing for public scrutiny and objections.