How to Start a Succession Case in Kenya: Documents, Process and What to Expect

Author: Gallant Law & Associates · Published: June 2025 · Jurisdiction: Kenya

Legal context: Law of Succession Act (Cap. 160) and the Probate and Administration Rules

When someone dies, families often know that “succession needs to be done” but have little idea what that actually means.

The first step is not dividing the property but rather establishing the deceased person's estate and determining the appropriate legal process.

If there is a will, the process will generally involve proving the will and obtaining the appropriate grant. If the deceased left no valid will, the estate is dealt with under the intestacy provisions of the Law of Succession Act.

For an intestate estate, the process generally involves identifying the appropriate beneficiaries and the person or persons who should apply for letters of administration.

The application requires information and supporting documentation concerning matters such as the deceased, the proposed administrators, beneficiaries and the assets and liabilities of the estate. The Probate and Administration Rules prescribe the relevant forms and procedures for applications for grants.

The family should therefore begin gathering documents early.

The exact documents required will depend on the circumstances of the estate.

Once the appropriate grant has been obtained, administration does not end there. The personal representatives have responsibilities concerning the collection and preservation of assets, payment of lawful debts and expenses, accounting and eventual distribution of the estate.

A grant generally also needs to be confirmed before the estate can be distributed in the manner approved by the court. This is one reason succession can take longer than families expect. Problems often arise where the family cannot agree on who should administer the estate, where some beneficiaries have been left out, where property is missing from the proposed inventory, where ownership is disputed, or where beneficiaries disagree about how the estate should be distributed.

Before commencing the process, it is therefore sensible and very useful to prepare a basic estate map which will determine how the succession process should be approached and the supporting documentation required to be filed in court.

Succession is not simply a court formality. When done properly, it creates a legal framework for identifying the estate, protecting its assets, recognising the people entitled to benefit and eventually transferring the property to those entitled to it.

If a family starts the process with a clear understanding of the estate and the beneficiaries, many avoidable disputes can be addressed before they become expensive litigation.

Succession hub: Read Succession & Estate Planning in Kenya: A Practical Guide for Families →

Related service: Family Trusts & Estate Management →

This article is general legal information, not legal advice, and does not create a lawyer–client relationship.