How to File Succession in Kenya: Steps, Forms, Costs and Timelines

Updated 20 October 2026

When someone dies in Kenya, their bank accounts, land, vehicles and shares stay frozen in their name until a court appoints someone to manage the estate. That court process is called succession, and it is governed by the Law of Succession Act (Cap 160) and the Probate and Administration Rules. Without a grant from the court, no one can lawfully sell, transfer or share out the property, and banks, the lands registry and the Unclaimed Financial Assets Authority will not release assets to the family. This guide walks through the steps for filing succession, the documents you need and how long each stage takes.

Testate or Intestate: Which Process Applies

If the deceased left a valid will, the estate is testate. The executor named in the will applies to court for a grant of probate. If there is no will, or the will is invalid, the estate is intestate, and close family members apply for a grant of letters of administration. The Act sets out who has priority to apply: generally the surviving spouse first, then the children, then parents, siblings and other relatives. Anyone with an equal or better right who is not applying must consent in writing or be notified.

Which Court to File In

Succession causes are filed in the High Court or in a magistrate’s court, depending on the value of the estate and the pecuniary limit of the magistrate. Estates of Muslims may be handled by the Kadhi’s court where all parties profess Islam. File in the court station nearest to where the deceased last lived. Every case is linked to the Principal (Probate and Administration) Registry at Milimani Law Courts in Nairobi, which issues a certificate that no other succession cause has been filed for the same estate. Ask the registry staff at your local station which court has jurisdiction over your estate before you file.

Documents You Need

• The deceased’s death certificate (certified copy). If you have only a burial permit, get the full death certificate from the Civil Registration office first.
• A letter from the area chief confirming the deceased’s details and listing all the surviving spouses, children and other dependants.
• Copies of the national IDs of the petitioners and the beneficiaries, and birth certificates for children.
• A list of the assets and liabilities: title deed numbers or searches for land, logbooks for vehicles, bank statements, share certificates and any debts owed.
• The original will, if there is one.
• KRA PINs of the petitioners. If you do not have one, see our guide on how to get a KRA PIN.

The Court Forms

The forms are prescribed by the Probate and Administration Rules and are available at court registries and on the Judiciary website. For an intestate estate the core forms are the petition for letters of administration intestate (Form P&A 80), the affidavit in support of the petition (Form P&A 5) and the consent of anyone with an equal or prior right who is not applying (Form P&A 38). Other forms apply to probate, to guarantees by sureties and to small estates, so confirm the full set with the registry before you file. Many families instruct an advocate, especially where land or several beneficiaries are involved, but you can file in person.

Step by Step: How Succession Works

1. Agree within the family. Hold a family meeting, agree who will apply as administrators and get everyone with a prior right to sign consents. Disagreement is the main reason succession drags on for years.
2. Gather the documents listed above and fill in the forms.
3. File the petition at the court registry, either at the counter or through the Judiciary e-filing system, and pay the assessed court fees.
4. Gazettement. The registry prepares a notice (Form 60) and sends it through the Principal Registry to the Government Printer for publication in the Kenya Gazette. You pay the publication fee into the Government Printer’s account. The Government Press service charter lists KSh 3,480 for a notice of a quarter column or less, which covers a normal succession notice. The notice invites objections within a period of not less than 30 days.
5. Grant issued. If no one objects within the notice period, the court issues the grant of letters of administration or the grant of probate. This lets the administrators collect and protect the assets, but not yet distribute them.
6. Confirmation of grant. At least six months after the grant is issued, the administrators apply for confirmation, setting out exactly how each asset will be shared. All beneficiaries should consent to the mode of distribution. Once the court confirms the grant, the administrators can transfer land, close accounts and share the estate.
7. Transmission and distribution. Take the confirmed grant to the lands registry, banks, the vehicle registry at NTSA, and UFAA if any assets were surrendered there. See our guide on claiming a deceased person’s unclaimed assets.

How Long Succession Takes

Because of the 30-day objection period and the six-month wait before confirmation, an uncontested succession cannot be completed much faster than about seven to eight months from filing. Busy registries, missing documents and family disputes often make it take longer. Contested cases can take years, which is why agreeing early and documenting consents matters.

Common Mistakes to Avoid

• Selling or sharing property before confirmation. Dealing with the estate without a confirmed grant is intermeddling, which is an offence under the Act.
• Leaving out a beneficiary. All spouses and children, including those from other relationships, must be disclosed. Leaving someone out can lead to the grant being revoked.
• Undervaluing or forgetting assets. List everything, including small bank balances and unclaimed assets.

Frequently Asked Questions

How much does it cost to file succession in Kenya?

You pay court filing fees assessed by the registry, the Gazette publication fee (KSh 3,480 for a quarter column or less on the Government Press charter) and, if you hire one, an advocate’s fees.

Can I file succession without a lawyer?

Yes. You can file in person at the court registry or through e-filing. A lawyer helps where the estate is large or disputed.

How long does succession take in Kenya?

At least about seven to eight months for an uncontested case, because of the 30-day Gazette notice and the six-month wait before confirmation.

What is confirmation of grant?

It is the court’s final approval of how the estate will be shared. Only after confirmation can administrators transfer and distribute assets.

What happens if a family member objects?

The objection is heard by the court, which decides who should administer the estate. This can add months or years.

This guide is general information, not legal advice. Court fees and forms can change, so confirm with the court registry.