Kenya - Apply for Succession (Land, Property, Business)

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Procedure

Succession is the right and transmission of the rights and obligations of the deceased to his heirs. The Kenya law of succession prescribes the rules which determine what ought to happen to a person's estate after his or her death. It is also referred to as the law of inheritance i.e. transmission of property rights from the dead to the living.

Apply In-Person:
Step 1: Gather all the required application Dossier

• Starting the succession process depends on whether succession is testate & intestate.
• Testate succession refers to how property will be distributed as mentioned in a will. If the will is held to be valid, inheritance is done following the wishes of the deceased.
• The following forms and supporting documentation are then prepared to be lodged at the High Court Registry;
  • P&A 78-Petition
  • P&A 3-Affidavit
  • Original will (annexed)
  • Two photocopies of the will
  • Certified copy of the death certificate
• Intestate succession arises when either a person dies without a will or the will left by the deceased is held to be invalid by the probate court.
• An applicant in such cases petitions the court for a grant of letters of administration intestate. The following documents are lodged in the registry (depending on the age of the persons surviving the deceased)
• Widow or widower (with minor children) as survivors
  • P&A 80-Petition
  • P&A 5-Affidavit
  • P&A 11-Affidavit of justification (Proposed sureties).
  • P&A 12-Affidavit of justification (Proposed administrator)
  • P&A 57-Guarantee of personal sureties
  • Certified copy of the death certificate
  • Applicant’s identity card
  • A letter from the area chief listing all the beneficiaries to the property, their ages, and their relationship with the deceased.
  • Identity cards of all sureties (those who have taken responsibility for what you say)
  • Proof of ownership of the property of the deceased e.g. Title deeds, logbooks, share certificates etc.
• Widow or widower (with adult children) as survivors.
  • P&A 80-Petition.
  • P&A 5-Affidavit.
  • P&A 12-Affidavit of justification (Proposed administrator).
  • P&A 38-Consent form.
  • A letter from the area chief listing all the beneficiaries of the property, their ages, and their relationship to the deceased.
  • Certified copy of the death certificate.
  • Applicant’s identity card.
  • Identity cards of the beneficiaries (those entitled to the property of the deceased)
• Minors as beneficiaries
  • The application for letters of administration shall be made by not more than two adult relatives appointed by the court to hold the property on behalf of the minors until they become adults. Unless the administrator is the public trustee who is legally allowed to be a sole administrator.

Step 2: Document filling with the Court

• File all the relevant documents as mentioned above at the nearest court for approval and assessment.
• In intestate succession, various things should be considered. This includes whether there are beneficiaries and the value of the deceased’s property. For property less than Kshs. 300,000/- file the matter in the magistrate court and if more than Kshs. 300,000/- file the matter in the high court.

Step 3: Payment of the requisite

• The cost of filling the succession petition is three to four thousand and payment should be made as per the court’s preferable payment mode and proof of payment shared with the court’s clerk.
• Once an invoice is issued by the deputy registrar, make two separate payments for the court fee and gazettement fee at the specified bank. Present the bank slips at registration to obtain receipts.

Step 4: Gazettement:

• 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 from the date of filing the matter.
  • Once printed, you will need to have a copy of the gazette notice. Therefore, you can print it or buy it for fifty Kenyan shillings (Kshs.50/-). You are required to attach the gazette notice to an application for a hearing date of the petition. This will be a hearing for letters of administration.
• This period is to allow any person who feels aggrieved for any reason by the Petition ample time to lodge any objections. An individual who feels entitled to the estate and is not included in the Petition can file the said objection through another petition to stay the advertisement.
• If there is no objection filed after the thirty (30) day notice period provided in the act, the person making the application receives letters of administration. The said Letters serve as an authority for the administration of the deceased’s estate. However, the holder (s) of the letters of administration cannot distribute the estate of the deceased but is to collect and preserve the assets of the deceased.

Step 5: Grant of the Letter of administration:

• After you are granted the letters of administration, you will wait for six months and then file an application for confirmation of the grant. Here, you can also file a schedule of the subdivision among the beneficiaries and/or dependents.
  • Errors in names, descriptions, places, and times of death may be rectified before or after the confirmation of the grant. If the error is fundamental and likely to interfere with the rights of the parties then the parties should apply for the grant to be cancelled after which the court will direct the parties to re-apply.

Step 6: Obtain the Confirmation Letter:

• After that, you get a confirmation of letters of administration from the court. The confirmation is a monitoring mechanism of the court that confirms that the personal representatives have been administering the estate and empowers the personal representative to distribute any capital assets, including land.
• Please Note: For land, one needs to take the certificate of confirmation to the land registry and file an application for transmission of the land. Details that will be required in the transmission form include:
  • The details of the parcel of land.
  • How much you are transferring and to whom.
  • Photos (three (3) passport size) of the administrator and beneficiary.
  • One form for each beneficiary.

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Required Documents

Testate succession requirements:

• P&A 78-Petition
• P&A 3-Affidavit
• Original will (annexed)
• Two photocopies of the will
• Certified copy of the death certificate

Intestate succession requirements:

• Widow or widower (with minor children) as survivors
  • P&A 80-Petition
  • P&A 5-Affidavit
  • P&A 11-Affidavit of justification (Proposed sureties).
  • P&A 12-Affidavit of justification (Proposed administrator)
  • P&A 57-Guarantee of personal sureties
  • Certified copy of the death certificate
  • Applicant’s identity card
  • A letter from the area chief listing all the beneficiaries to the property, their ages, and their relationship with the deceased.
  • Identity cards of all sureties (those who have taken responsibility for what you say)
  • Proof of ownership of the property of the deceased e.g. Title deeds, logbooks, share certificates etc.
• Widow or widower (with adult children) as survivors.
  • P&A 80-Petition.
  • P&A 5-Affidavit.
  • P&A 12-Affidavit of justification (Proposed administrator).
  • P&A 38-Consent form.
  • A letter from the area chief listing all the beneficiaries of the property, their ages, and their relationship to the deceased.
  • Certified copy of the death certificate.
  • Applicant’s identity card.
  • Identity cards of the beneficiaries (those entitled to the property of the deceased)

Office Locations & Contacts

The Chief Registrar of The Judiciary
Supreme Court Building,
Tel: 0730 181600/700/800
P.O. Box 30041 (00100) Nairobi,
Kenya
Website Judicial Service Commission Contacts

Eligibility

• Next of kin consists of close relatives (siblings, parents, and children) and friends who are eligible to apply.

Fees

The following fees are applicable;

• The cost of filling the succession petition is 3000 to 4000 Ksh.
• Kshs.2700 is charged for Gazettement.

Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

• The time frame accumulatively for processing the application is Six (6) months from the time of application.

Related Videos

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Instructions

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e.g. The state office holds birth records since January 1908.

Required Information

• Name of the deceased
• Birthplace of deceased
• Nationality of deceased
• Names and addresses of the parents of the deceased (Father/ Mother)
• Age of the deceased (years/months)
• Occupation in the life of the deceased
• Ordinary place of residence of the deceased
• Married or unmarried, widower or widow
• Date and place where the deceased died.
• Names of children of the deceased
• Property details of the deceased
• The deceased will (if available)
• Declaration by the applicant

Need for the Document

Succession is the right and transmission of the rights and obligations of the deceased to his heirs. The Kenya law of succession prescribes the rules which determine what ought to happen to a person's estate after his or her death. It is also referred to as the law of inheritance i.e. transmission of property rights from the dead to the living.

Information which might help

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

KENYA LAW OF SUCCESSION ACT

Others

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