How succession works in Kenya
Succession is governed by the Law of Succession Act (Cap 160). Where there is a valid will, the executor applies for a grant of probate. Where there is no will, a close family member or other entitled person applies for a grant of letters of administration, and the estate passes under the intestacy rules in the Act.
Applications are published in the Kenya Gazette so that anyone with an objection can come forward. Once a grant is issued, it must generally be confirmed by the court — usually not earlier than six months after it was issued — before assets can be distributed and transferred to beneficiaries.
Typical steps
- Collect the death certificate, will (if any) and details of assets and liabilities
- Identify all beneficiaries and dependants
- File the petition for the grant, supported by the required documents
- Gazettement and the period for objections
- Issue of the grant
- Application for confirmation of the grant, setting out how the estate will be distributed
- Transmission of land, shares and other assets to the beneficiaries
Common risks and mistakes
- Dealing with a deceased person's property before a grant is issued, which the law prohibits.
- Leaving out a beneficiary or dependant, which can lead to the grant being challenged or revoked.
- Buying land from an estate without confirming that a grant has been confirmed.
- Delays that allow assets to deteriorate or disputes to harden.
Who should seek counsel
- Executors named in a will
- Families where a relative died without a will
- Beneficiaries concerned about how an estate is being handled
- Kenyans abroad dealing with an estate in Kenya
How we work
- 1Initial consultationWe explain the process and the documents needed, and identify the right court.
- 2Petition and gazettementWe prepare and file the petition and manage gazettement.
- 3Grant and confirmationWe obtain the grant and apply for confirmation with an agreed distribution.
- 4Transfer of assetsWe handle transmission of land, shares and accounts to the beneficiaries.
Advocates for this matter
Frequently asked questions
A grant of probate is issued to an executor named in a valid will. Letters of administration are issued where there is no will, or no executor able to act, to the person entitled to administer the estate.
At a minimum it includes the gazettement period and the period before a grant can be confirmed, which is usually not earlier than six months after the grant is issued. Disputes, missing documents or complex assets can extend the timeline.
Not until a grant has been issued and confirmed and the land has been dealt with as the confirmed grant allows. Dealing with estate property without authority can have serious legal consequences.
The court will hear the objection and decide who is entitled to the grant or how the estate should be distributed. Many objections are resolved by agreement among the family.
Yes. We can act on your behalf in Kenya, with documents signed abroad and, where needed, a properly executed power of attorney.
Related legal services
This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.