How Succession Works in Kenya: Transferring a Loved One’s Property

A step-by-step overview of the succession process under the Law of Succession Act — from the chief’s letter to transmission of land.

When a family member dies, their property cannot simply be shared out or transferred. Under the Law of Succession Act (Cap. 160), the estate must first be administered by a person appointed by the court. Understanding the process helps families avoid delays, disputes and even criminal liability.

Testate or intestate?

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 close family members apply for a grant of letters of administration.

The main steps

  1. Gather documents — the death certificate, IDs of the beneficiaries, and documents showing the assets (title deeds, logbooks, bank statements, shares).
  2. Obtain a letter from the area chief listing the deceased’s surviving spouse(s), children and other dependants.
  3. File the petition in the appropriate court — depending on the value of the estate, this may be the Magistrates’ Court or the High Court.
  4. Gazettement — the court publishes a notice in the Kenya Gazette, giving anyone with an objection 30 days to come forward.
  5. Issue of the grant — if there is no objection, the court issues the grant to the administrators or executors.
  6. Confirmation of grant — after six months from the date of the grant, the administrators apply for confirmation, setting out exactly how the estate will be distributed.
  7. Transmission — with the confirmed grant, assets are transferred to the beneficiaries, for example at the land registry.

Avoid intermeddling

Selling, transferring or taking possession of a deceased person’s property without a grant is known as intermeddling, and it is an offence under the Act. Buyers should be especially careful: land bought from a family member who has no grant can be lost.

What does the surviving spouse receive?

Where the deceased left a spouse and children, the spouse is generally entitled to the personal and household effects and a life interest in the rest of the estate, with the children ultimately inheriting. The exact entitlement depends on the family situation, so advice is important.

Plan ahead with a will

A properly drafted will reduces uncertainty, protects dependants and can prevent painful family disputes. It is one of the most valuable documents you will ever sign.

This article is general information and not legal advice. Every matter turns on its own facts — speak to an advocate about your situation.
Keep Reading

Related insights

Buying Land in Kajiado: A Due Diligence Checklist Before You Pay
Conveyancing & Real Estate

Buying Land in Kajiado: A Due Diligence Checklist Before You Pay

Before you pay a deposit for land in Kajiado, these are the checks that protect you from fraud, disputes and costly delays.

Read insight
Matrimonial Property in Kenya: What Each Spouse Is Entitled To
Family & Matrimonial Law

Matrimonial Property in Kenya: What Each Spouse Is Entitled To

What counts as matrimonial property, how contribution is assessed, and what the Supreme Court has said about “equal” division.

Read insight
Unfair Termination in Kenya: Know Your Rights as an Employee
Employment & Labour Relations

Unfair Termination in Kenya: Know Your Rights as an Employee

An employer must have a valid reason and follow a fair procedure before dismissing you. Here is what the Employment Act requires.

Read insight
Speak to an advocate

Have a legal matter? Let’s talk about it.

Book a confidential consultation with an advocate at our Kajiado office, or reach us instantly by phone or WhatsApp.

Chat with us