Succession Steps

WHERE THERE IS A VALID WILL (TESTATE SUCCESSION)

ii) Widow or widower (with adult children) as survivors
APPLICATION FOR A LIMITED GRANT
Application for grant of probate • P&A 80-Petition
• P&A 5-Affidavit
Preliminary steps • P&A 12-Affidavit of justification (Proposed administrator)
1. Obtain the original will plus two photocopies (of the will) • P&A 38-Consent form This is an application made to enable transactions for a specific reason
2. The deceased’s death certificate • A letter from the area chief listing all the beneficiaries to the as one waits for the full grant (such as payment of school fees, selling
Where there is a valid will, an application to determine the property, their ages and relationship to the deceased farm produce and other acts necessary in collecting and preserving the
validity of the will (grant of probate) can be filed by: • Certified copy of the death certificate
a) Persons named as executors to the will • Applicant’s identity card estate)
b) Persons other than the executor(s) provided they can • Identity cards of the beneficiaries (those entitled to the property

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demonstrate special circumstances such as death of the of the deceased) Who is entitled to apply for a limited grant?
executor(s), authority from the executor etc. a. A person appointed in the will as the one to manage the property of
iii) Minors as beneficiaries the deceased (executor)
The following documents are filed: b. An adult who is not bankrupt and is of sound mind
• P&A 78-Petition The application for letters of administration shall be made
by not more than two adult relatives appointed by court to c. Any person can apply for a limited grant. However, priority is given
• P&A 3-Affidavit
• Original will (annexed) hold the property on behalf of the minors until they become to the spouse, children and parents, according to the degree of
• Two photocopies of the will adults. Unless the administrator is the public trustee who is closeness.
• Certified copy of the death certificate legally allowed to be a sole administrator.

Important points to note: Required documents

If the will is held to be valid, inheritance is done in 1. A letter from the area chief listing all the beneficiaries to the property,
1. The number of persons applying for letters of administration
accordance with the wishes of the deceased. should not exceed four. their ages and relationship to the deceased
2. After an application has been filed, with or without a will 2. Certified copy of the death certificate
Important points to note: annexed, one must publish a notice in the Kenya Gazette;
1. The will could either be oral or written. 3. Applicant’s identity card
and wait for 30 days to allow for any objections.
2. The number of persons applying for grant of probate 4. Identity cards of the beneficiaries (those entitled to the property of
3. Any person with an objection must clearly state them in
should not exceed four. court for determination. the deceased)
3. If the value of the deceased person’s property is greater than 20 5. Form P&A 85-Petition
million shillings these documents should be filed at the High 6. Form P&A 19-Affidavit
court.
Document filing:

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4. If the value of the deceased person’s property is less than 20
million shillings then these documents should be filed at the File all the documents above at the nearest court for CONFRIMATION OF GRANT
Magistrate’s court. approval and assessment of fees. Six months after gazettement, if there is no objection, an application to
confirm the grant of letters of administration and distribution of estate
must be applied for (issued).

WHERE THERE IS NO VALID WILL (INTESTACY) Payment:

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Once an invoice is issued by the deputy registrar, make
Application for letters of Administration two separate payments for the court fee and gazettement
fee at the specified bank. Present the bank slips at
This arises when either a person dies without a will or the registration to obtain receipts.
will left by the deceased is held to be invalid by the probate
court.
An applicant in such cases petitions the court for grant of
letters of administration intestate. The following documents Gazettement:

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are lodged in the registry (depending on the age of the Once the notice is published in the Kenya Gazette, wait
persons surviving the deceased):

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for 30 days to allow for any objections.
i) Widow or widower (with minor children) as survivors
If a person had been left out of the list of beneficiaries,
• P&A 80-Petition he/she can apply to the court to be included.
• P&A 5-Affidavit
• P&A 11-Affidavit of justification (Proposed sureties)
• P&A 12-Affidavit of justification (Proposed administrator) Letter of administration:
• P&A 57-Guarantee of personal sureties Six months after gazettement, if there is no objection,
grant of letters of administration is issued.

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• Certified copy of the death certificate
• Applicant’s identity card
Errors in names, descriptions, place and time of death may be
• A letter from the area chief listing all the beneficiaries to the rectified before or after the confirmation of grant.
property, their ages and relationship with the deceased
• Identity cards of all sureties (those who have taken If the error is fundamental and likely to interfere with the rights
responsibility for what you say) of parties then the parties should apply for the grant to be
• Proof of ownership of the property of the deceased e.g. cancelled after which the court will direct the parties to
Title deeds, logbooks, share certificates etc. re-apply.

N/B Rectification is for correcting errors only not redistribution