Succession is the process of transferring properties left behind by a deceased person to the persons entitled, either through a will or by operation of law.

What is Intestacy?

Intestacy arises in three main scenarios:

  1. A person dies without a valid will.
  2. The will left by the deceased is declared invalid by a court of law.
  3. A person revokes their will and dies before executing a new one.

In these cases, the family must petition the court for a Grant of Letters of Administration intestate.

Order of Preference for Administrators

The law provides a specific priority for those who can apply to manage the estate:

  1. Surviving Spouse(s): With or without the association of other beneficiaries.
  2. Other Beneficiaries: Children, parents, or siblings, with priority based on their beneficial interest.
  3. Public Trustee: In cases where no family members are available or qualified.
  4. Creditors: As a last resort.

Essential Information for the Application

The petition must be signed by the applicant and witnessed, including:

  • Full names, date, and place of death of the deceased.
  • Last place of residence.
  • Names and addresses of all surviving spouses, children, parents, and siblings.
  • A full inventory of all assets and liabilities.

The Succession Procedure

  1. Filing Documents: Submit the death certificate, a Chief's letter (clarifying beneficiaries), and the Petition to the applicable court.
  2. Gazettement: The court publishes a notice in the Kenya Gazette for 30 days to allow for any objections.
  3. Issuance of Grant: If no objections are raised, the court issues the Grant of Letters of Administration, officially appointing the administrator.
  4. Confirmation of Grant: After six (6) months, the administrator must apply for confirmation. This involves providing a clear distribution plan agreed upon by all beneficiaries.

Please CONTACT us on +254 703 741276 or EMAIL us at legal@ombogo.co.ke if you require professional representation in the succession process.