The Succession Process in Kenya

The process for instituting a succession in Kenya involves filing a petition in court, paying fees, and publishing a notice in the Kenya Gazette. The process is more complex if there is no valid will.

Here are the steps for instituting a succession in Kenya:

1. File a petition

A surviving dependent, such as a child or spouse, files a petition in court to obtain letters of administration.

2. Gather documents

The petition must include the following documents:

·       A letter from the local area chief with details of the deceased's dependents

·       A certified copy of the death certificate

·       IDs of the beneficiaries and the people petitioning the court

·       Affidavits to identify the deceased's assets and liabilities, and to justify the proposed administrators

·       A guarantee from sureties to cover any losses if the administrator breaches their duties

3. Pay fees

The court will issue an invoice for fees, which include court filing and gazettement fees.

4. Publish a notice

The petition is published in the Kenya Gazette to notify the public of the application and allow for objections.

5. Get letters of administration

If there are no objections within 30 days, the petitioner will receive the grant of letters of administration.

6. Identify beneficiaries

The administrator, with guidance from the court, identifies the beneficiaries who are entitled to inherit.

7. Distribute the estate

The administrator distributes the estate assets after settling taxes and debts.

The Law of Succession in Kenya, also known as the law of inheritance, determines what happens to a person's estate after their death.