How do I apply for succession in Kenya?

Petition for grant of probate: The executors of the deceased person’s estate will be required to petition the High Court of Kenya for a grant of probate. The petition is accompanied by an affidavit, which must include a schedule of the assets and liabilities of the deceased person’s estate with their approximate value.

What does the Kenyan law say about inheritance?

Law of Succession Act (1981) Where there is no will (intestate), the law states that female and male children (married and unmarried) should inherit from their parents equally.

How long does probate take in Kenya?

Accordingly, the process to determine a probate case without any conflicting interests would ordinarily take about 7 to 9 months.

How much does succession cost in Kenya?

In rural areas of Kenya where such succession issues are more common, the succession process may cost approximately KES 25000 going by recent experience.

How much does it cost to file a succession case in Kenya?

▶ The cost of filling the succession petition is three to four thousand. After the filling, the petition will need to be gazetted which one is required to pay for it Kshs. 2700/-. Thereafter, you need to wait until it is printed in the gazette within three (3) months form the date of filling the matter.

Who inherits fathers property?

The court stated that the property of the grandfather can be held as the father’s ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime.

What are the types of succession in law?

Succession and Inheritance can be of two kinds – Testamentary or testate inheritance which means inheritance as per the Will of the deceased and Non Testamentary or intestate succession, where the deceased dies without making a Will.

What happens when someone dies in Kenya?

You’ll need to fill a form accompanied by a burial permit, the deceased’s ID, and the application fee. The deceased’s travel document should be in order to allow for transportation. If there was a previous death certificate issued at the country of death, the Kenyan Embassy to the country will verify this.

What is the purpose of succession Act?

Laws of Succession relate to legal principles of distribution of assets of a deceased individual. These include the order in which one person in preference of any or one person after another or any one person in particular share with any other person succeeds to the property/estate of the deceased person.

What is needed for a succession?

A Testate Unadministered Succession can be utilized only if all of the following conditions must be met: All legatees (heirs named in the Will) are competent or represented by a competent party. All legatees accept the Succession unconditionally. None of the estate’s creditors have requested court administration.