What Happens When Someone Dies Without a Will in Kenya? Succession & Probate Questions Answered

Understanding Letters of Administration, Grants of Probate, Wills, and how family property is distributed under the Law of Succession Act (Cap 160).

Succession disputes are among the most common and emotionally draining cases before Kenyan courts. Guided by the Law of Succession Act (Cap 160) of the Laws of Kenya, Job Mwanthi & Associates Advocates answers the key questions families ask regarding estate administration and wealth protection.

Q1: What is the difference between Testate and Intestate Succession in Kenya?

When a person dies leaving a valid written or oral Will, they die testate, and the executor appointed in the Will petitions the court for a Grant of Probate. When a person dies without leaving a Will, they die intestate, and surviving spouses and children must petition the court for Grant of Letters of Administration Intestate.

Q2: Can anyone sell or transfer a deceased person’s land before Confirmation of Grant?

No. Under Section 45 and Section 82 of the Law of Succession Act, handling, selling, or subdividing the immovable property of a deceased person before the court issues a Certificate of Confirmation of Grant is a criminal offence known as intermeddling.

Q3: How long does it take to confirm a Grant in Kenya?

Once the petition is gazetted in the Kenya Gazette for the mandatory 30-day objection period and the initial Grant is issued, the law generally provides a 6-month statutory waiting period before Confirmation of Grant (though the court may shorten this period in special circumstances where there are no dependants' disputes).

Q4: How can I protect my family from future succession wrangles?

Drafting a properly attested Will or registering a Family Trust (under the Trustees (Perpetual Succession) Act as amended) ensures your assets transition smoothly to your beneficiaries without years of litigation.