Succession, Probate and Letters of Administration in Kenya
Private Wealth, Trusts and Estate Planning
When a person dies, their property does not move by itself. Land stays registered in the deceased’s name, bank accounts freeze, and shares sit where they are until a court authorises someone to deal with the estate. Kenyan succession law provides that authority through a grant, probate where there is a valid will, letters of administration where there is not, and the process rewards families who follow it properly and punishes shortcuts, because property transferred without a confirmed grant is a dispute waiting for a generation to mature. We act for executors, administrators, widows, widowers and children through the whole of that process, and for families who want the disputes prevented rather than fought.
What we do
We advise on who is entitled to apply and in what priority, prepare and file the petition with its supporting documents, attend to the gazettement and the waiting period the law imposes, and obtain the grant. Six months after the grant we apply for its confirmation, the step at which the court approves how the estate is actually shared, and the step at which most family disagreement surfaces, which is why we put the proposed distribution to the family in writing before it goes anywhere near the court. With the confirmed grant we complete the transmissions, land into the names of the heirs at the registry, shares through the registrars, and funds out of the institutions holding them. Where a dispute has already begun, over the validity of a will, the identity of dependants or the conduct of an administrator, we act in the contentious proceedings, and where the estate spans borders, a common position for our diaspora clients, we manage the Kenyan side in coordination with counsel abroad.
What you bring
The death certificate, the will if one exists, the deceased’s identification documents, a list of the property and liabilities as best the family knows them, and the particulars of the survivors. Incomplete knowledge of the estate is normal at the start; part of our work is completing it through searches.
Talk to us
To instruct us or ask a preliminary question, write to info@pmlaw.co.ke, call or WhatsApp +254 714 644 080, or use the contact page. We respond within one business day.
Frequently Asked Questions
What is the difference between probate and letters of administration?
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Probate is the grant issued where the deceased left a valid will, to the executors the will names. Letters of administration issue where there is no will, to the persons the law prioritises, ordinarily the spouse and children. The process that follows is similar; the starting documents differ.
How long does succession take in Kenya?
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The law itself builds in a gazettement period and a six-month wait between grant and confirmation, so even an uncontested estate is measured in months. Contested estates take as long as the dispute does, which is the strongest argument for the written family consensus we prepare before filing.
Can I handle an estate from abroad?
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Yes. We act for diaspora administrators and heirs routinely, through properly executed powers of attorney and remote coordination, and we manage the Kenyan filings, gazettement and transmissions while you remain where you are.
Need Legal Assistance?
Contact our Private Wealth, Trusts and Estate Planning team today for expert guidance and representation on Succession, Probate and Letters of Administration in Kenya.
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