Understanding and Navigating Intestate Succession in Kenya

Start by collecting essential documents, including the death certificate of the deceased, passport photos, IDs, and PINs of all interested parties. Additionally, compile a comprehensive list of all assets and liabilities, such as title deeds, logbooks, SIM card numbers, and bank accounts. Ensure you obtain official searches from relevant registries like the RTA and NTSA for vehicles and land.

Proceed to the local chief’s office to obtain an Affidavit of Next of Kin. The chief will also stamp and verify any agreements made among family members regarding asset distribution. If there are disagreements, the chief will document them, but the succession process will continue.

Engage a lawyer to assist in filing the succession documents. The filing process includes publishing a notice in the Kenya Gazette for 30 days. After this period, the court will issue a Letter of Administration.

Wait for six months after filing before applying for the grant. During this time, the court will summon all heirs and interested parties to verify the information provided. Once confirmed, the court will issue the grant.

With the grant issued, proceed to the land office to register it. Fill out Form LR42 and LR50 to transfer the estate to the beneficiaries. This step ensures that the administrator legally transfers the assets to the rightful heirs.

If the estate includes land, hire a surveyor to partition the property according to the beneficiaries’ shares. Register the mutations to ensure each beneficiary receives their portion with a separate title deed. If selling the land, wait until the partition is complete.