What is intestate succession?
Intestate succession occurs when a person dies without leaving a valid will. In such cases,
their estate is distributed according to the Law of Succession Act in Kenya.
Who can inherit the estate of a deceased person who died intestate?
The estate is inherited by the deceased’s legal beneficiaries, which may include:
● Spouse(s)
● Children
● Parents (if the deceased had no spouse or children)
● Siblings and other close relatives (if there are no immediate family members)
How do I start the process of inheriting an estate if my loved one
died intestate?
To begin the process, you must petition the court for a Grant of Letters of
Administration. These letters give you the legal right to manage and distribute the estate.
What happens if someone administers the estate without the
Letters of Administration?
Administering an estate without court approval is known as intermeddling. It is a criminal
offense punishable by imprisonment or a fine under the Law of Succession Act.
What documents are needed to apply for a Grant of Letters of
Administration?
To apply, you will need:
- A letter from the area chief listing all beneficiaries, their ages, and their
relationship to the deceased. - A certified copy of the death certificate of the deceased.
- Identification documents (IDs) of the persons petitioning the court.
- Identification documents (IDs) of all beneficiaries.
How many people can apply to be administrators?
The law allows between two (2) to four (4) people to be appointed as administrators.
What happens after the petition is filed in court?
- Filing & Fees: The application is filed, and the court assesses the required fees.
- Publication in the Kenya Gazette: A notice is published in the Kenya Gazette for
30 days to:
○ Inform the public of the intended administrators.
○ Allow any objections or claims from interested parties.
○ Provide an opportunity for excluded beneficiaries to request inclusion.
What happens after the 30-day Gazette period?
If no objections are raised, the court issues the Grant of Letters of Administration. The
administrators then have six (6) months to:
● Identify and recover the deceased’s assets.
● Agree on how to distribute the estate among the beneficiaries.
● Ensure proper management of the estate.
However, at this stage, administrators cannot distribute the estate until the court
confirms the grant.
What if the beneficiaries cannot agree on how to distribute the
estate?
If no agreement is reached, the matter may be referred to the Public Trustee, who will
distribute the estate based on the Law of Succession Act (Section 40).
How do administrators get the power to distribute the estate?
To distribute assets, administrators must apply for Confirmation of the Grant of Letters
of Administration. This can be done after six (6) months from the initial grant.
What are the duties of an administrator?
Administrators must:
- Safeguard the interests of all beneficiaries.
- Complete the administration process within six (6) months of the grant
confirmation (or within a longer period allowed by the court). - Provide the court with:
○ A full and accurate inventory of the deceased’s assets and liabilities.
○ A detailed report on how the estate has been handled and distributed.
Can the Grant of Letters of Administration be revoked?
Yes, it can be revoked if:
● It was obtained fraudulently.
● The administrators fail to act in the beneficiaries’ best interests.
● A valid will is later discovered.
Do I need a lawyer for the process?
While not mandatory, hiring a lawyer can help:
● Ensure proper documentation and legal compliance.
● Avoid delays and disputes.
● Represent you in case of objections or legal challenges.
For further assistance, consult a legal professional specializing in succession matters.
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