The Succession Process in Kenya: How to Get Letters of Administration

Losing a loved one is hard enough without the uncertainty of what happens to their land, bank accounts and other property. In Kenya, the estate of a deceased person is governed by the Law of Succession Act (Cap. 160). Until the court issues a grant, nobody — not even a spouse or eldest child — has legal authority to sell, transfer or share the deceased's property.

This article walks you through the succession process in Kenya, whether or not the deceased left a will.

Testate vs intestate succession

If the deceased left a valid will, the estate is testate and the executors named in the will apply for a grant of probate. If there is no will, the estate is intestate and a close family member applies for letters of administration. The steps are similar; the main difference is who applies and how the estate is shared.

Step 1: Obtain the death certificate and chief's letter

You will need the official death certificate and a letter from the area chief confirming the deceased's family members — spouse(s), children and other dependants. The chief's letter is important because the court needs to know every beneficiary so that nobody is left out.

Step 2: Identify the assets and liabilities

List everything the deceased owned — land, houses, vehicles, bank accounts, SACCO deposits, shares, pension benefits — as well as any debts. Your advocate will conduct searches to confirm ownership, especially for land.

Step 3: Agree on who will apply

Under the Act, a surviving spouse has priority, followed by the children and then other relatives. Family members must consent to the petition, or be given notice of it. Obtaining everyone's written consent at the start prevents objections later.

Step 4: File the petition in court

Your advocate prepares and files the petition using the prescribed forms, together with the supporting affidavit, the chief's letter, the death certificate and the consents. Depending on the value of the estate, the matter is filed in the Magistrates' Court or the High Court.

Step 5: Gazettement

The court publishes a notice of the petition in the Kenya Gazette. This gives anyone with a claim — for example a dependant who was left out, or a creditor — 30 days to object. If no objection is raised, the court issues the grant.

Step 6: Issue of the grant

The grant of letters of administration (or probate) allows the administrator to collect the assets and manage the estate. However, it does not yet allow the administrator to distribute or transfer the property to beneficiaries.

Step 7: Confirmation of the grant

After at least six months from the date of the grant, the administrator applies for confirmation. This application sets out exactly how the estate will be shared. All beneficiaries should consent to the proposed mode of distribution. Once the court is satisfied, it issues a certificate of confirmation of grant.

Step 8: Transmission and distribution

With the confirmed grant, your advocate transfers the land into the beneficiaries' names (known as transmission), closes and distributes bank accounts, transfers vehicles and shares, and completes any remaining steps. Only then is the succession process complete.

Avoid "intermeddling" with the estate

Taking, selling or using the deceased's property without a grant is called intermeddling and is a criminal offence under section 45 of the Act. Family members should not sell land, collect rent or withdraw money from accounts before the court gives authority.

How long does succession take in Kenya?

An uncontested succession typically takes 8 to 14 months — driven mainly by the mandatory six-month wait before confirmation. Disputes, missing beneficiaries or complex estates take longer.

Documents you will need

• Certified copy of the death certificate
• Letter from the area chief listing the deceased's family
• Copies of the IDs of the applicant(s) and adult beneficiaries
• Birth certificates of minor children
• Evidence of the assets — title deed searches, logbooks, bank statements, share certificates
• The original will, if there is one
• Written consents of beneficiaries

What if the family disagrees?

Disputes are common, especially over land. A family member can file an objection within the gazettement period, a protest against confirmation, or later apply to revoke or annul a grant that was obtained by concealing beneficiaries or by other defects in the process. Courts also encourage families to settle succession disputes through mediation, which is quicker and preserves relationships. An experienced advocate can often help families reach a written agreement on distribution that the court then adopts.

Common succession mistakes to avoid

• Leaving out a beneficiary — for example a child from another relationship or a married daughter
• Distributing or selling property before confirmation of the grant
• Failing to list all assets, which later requires a fresh application
• Only one administrator where the law or the family's circumstances require more than one (for example where there is a life interest or minors)
• Waiting years before starting — memories fade, documents go missing and disputes grow

Succession for Kenyans living abroad

Many families have members in the diaspora. Beneficiaries abroad can still participate fully: their consents and affidavits can be sworn before a notary public or a Kenyan consular officer in the country where they live and then sent to the advocate handling the matter in Kenya. An applicant living abroad can also appoint a trusted person in Kenya through a power of attorney to handle practical steps, although the court will still expect the administrators to act personally in key decisions. Clear communication and properly executed documents prevent months of delay.

Get help from a succession lawyer

The succession process in Kenya is technical, and small mistakes cause long delays. Our succession lawyers in Juja handle the entire process for families across Kiambu and Kenya — from the chief's letter to the final title transfer. You can also avoid many of these steps for your own family by writing a valid will.