A Loved One Died Without a Will in Kenya. What Happens Next?

Losing a loved one is never easy. Amid the grief, families are often faced with another challenge—figuring out what happens to the deceased’s property, bank accounts, land, vehicles, investments, and other assets.

One of the first questions we are frequently asked at Njuru & Company Advocates is:

“Where do we even begin?”

If your loved one passed away without leaving a valid Will, the law considers them to have died intestate. In Kenya, the process of administering such an estate is governed by the Law of Succession Act (Cap. 160) and the Probate and Administration Rules.

This guide explains the process in simple language.

Step 1: Confirm That There Is No Valid Will

The first question to answer is whether the deceased left a legally valid Will.

A person is considered to have died intestate where:

• no Will exists;
• the Will is invalid; or
• the Will only deals with part of the estate.

Once it is confirmed that there is no valid Will, the estate must be administered under the intestacy provisions of Kenyan law.

Step 2: Identify the Beneficiaries

The next step is identifying everyone who is legally entitled to inherit.

Depending on the circumstances, beneficiaries may include:

• the surviving spouse;
• children;
• parents;
• brothers and sisters; or
• other relatives recognised by law.

Identifying the beneficiaries correctly is important because they are the people entitled to inherit the estate and, in many cases, those entitled to apply to become administrators.

Step 3: Identify Everything the Deceased Owned—and Owed

Before approaching the court, it is essential to prepare a complete picture of the estate.

Assets commonly include:

• land and houses;
• bank accounts;
• motor vehicles;
• SACCO shares and company shares;
• businesses;
• investments;
• household goods; and

Equally important are the deceased’s liabilities, such as:

• bank loans;
• mortgages;
• unpaid taxes;
• utility bills; and
• other outstanding debts.

A complete inventory helps avoid disputes later and enables the court to understand the size of the estate.

Step 4: Gather the Necessary Documents

The succession process cannot begin without the relevant documentation.

Typically, you will require:

• the original death certificate;
• the deceased’s identification documents;
• identification documents for the proposed administrators;
• a Chief’s letter identifying the survivors;
• title deeds, logbooks or other ownership documents;
• marriage certificate where applicable; and
• birth certificates for children where available.

Having these documents ready significantly speeds up the court process.

Step 5: Apply for Letters of Administration

Contrary to what many people believe, family members cannot simply start sharing or selling the deceased’s property.

Until the court appoints administrators, nobody has legal authority to deal with the estate.

The appointed administrators apply to court for Letters of Administration Intestate, supported by various statutory forms, affidavits and supporting documents.

Step 6: Publication in the Kenya Gazette

Once the application is filed, the court directs that a notice be published in the Kenya Gazette.

This serves an important purpose—it gives anyone with an interest in the estate an opportunity to object before the grant is issued.

If no objection is lodged within the prescribed period, the court will ordinarily proceed to issue the Grant.

Step 7: The Court Issues the Grant

The Grant of Letters of Administration gives the administrators legal authority to:

• collect the deceased’s assets;
• protect the estate;
• pay outstanding debts; and
• manage estate property.

However, it is important to understand that the Grant does not immediately allow the administrators to distribute the estate.

That comes later.

Step 8: Preserve and Manage the Estate

Administrators now step into a position of trust.

They may:

• collect rent from estate property;
• secure land against trespassers;
• manage businesses;
• recover money owed to the estate; and
• safeguard all assets.

Administrators must always act honestly, transparently and in the best interests of every beneficiary.

Step 9: Pay Debts Before Distribution

One of the most misunderstood aspects of succession is that beneficiaries are not first in line.

Before anyone inherits, the estate must settle legitimate obligations including:

• funeral expenses;
• taxes;
• outstanding loans;
• court expenses;
• professional fees; and
• lawful debts.

Only after these obligations have been settled can the remaining assets be distributed.

Step 10: Apply for Confirmation of Grant

Kenyan law generally requires administrators to wait at least six months before applying for confirmation of the Grant.

During this stage, the court considers:

• who the beneficiaries are;
• what assets make up the estate; and
• how those assets should be distributed.

Where every beneficiary agrees on the proposed distribution, the process is usually straightforward.

Where disagreements arise, the court determines the dispute.

Step 11: Transfer the Assets

Once the Grant has been confirmed, the administrators can finally transfer the assets to the beneficiaries.

This may involve:

• transferring land through the Ministry of Lands;
• transferring motor vehicles through NTSA;
• transferring shares; and
• releasing money held in bank accounts.

Each transfer must strictly follow the confirmed Grant issued by the court.

Step 12: Finalise the Administration

The administrators’ work is complete only after:

• every transfer has been completed;
• beneficiaries have received their inheritance; and
• proper records of the administration have been maintained.

Only then is the estate considered fully administered.

Common Challenges Families Encounter

Even relatively straightforward estates can experience delays.

Some of the most common issues include:

• disputes among family members;
• missing title documents;
• undisclosed assets;
• multiple families or polygamous marriages;
• disagreements over land ownership;
• creditors making claims; and
• delays in obtaining official records.

Seeking legal advice early often saves families considerable time, expense and unnecessary conflict.

Do You Need a Lawyer?

While Kenyan law allows eligible family members to apply for Letters of Administration, succession matters often involve technical legal requirements and strict court procedures.

Mistakes made at the beginning of the process can lead to significant delays, objections or even the revocation of a Grant.

Professional legal guidance helps ensure that the estate is administered efficiently, beneficiaries’ rights are protected, and the law is fully complied with.

We’re Here to Help

At Njuru & Company Advocates, we assist families through every stage of succession—from obtaining the Grant of Letters of Administration to the final transfer of property.

If you need assistance administering the estate of a loved one or wish to understand your legal rights as a beneficiary, our team is ready to help.

Njuru & Company Advocates

📧 law@njuruadv.co.ke

📞 0718 784 960