WEALTH AFTER DEATH- The steps you go through to transfer property following death

Applying for a grant for testate and intestate succession in Kenya involves several steps. Here is a simplified version of the process:

1. Determine the type of succession: Decide whether the deceased had a valid will (testate) or did not leave a will (intestate).

2. Determine the order of priority: The applicants' preference is based on the order of priority specified in Section 66 of the Law of Succession. It includes the surviving spouse, other beneficiaries entitled on intestacy, the Public Trustee, and creditors. In cases of partial intestacy, the executor(s) who prove the will can receive letters of administration.

3. Gather necessary information: Collect the required information, such as the full names of the deceased, date and place of death, last known residence, relationship to the applicant, existence of a valid will, addresses of executors (if applicable), details of surviving spouses, children, parents, siblings, inventory of assets and liabilities, and any other prescribed information.

4. Provide details of the will: If the deceased had a valid written will, attach the original will to the application. If the original is lost or destroyed, include an authenticated copy or provide names and addresses of persons who can prove its contents. If the will was oral, state the names and addresses of alleged witnesses.

5. Check eligibility and prepare forms: Ensure that the applicant meets the eligibility criteria, as mentioned in Section 56 of the Act. Prepare the required forms, including a petition (Form P & A 80), affidavit in support (Form P & A 5), affidavit of means (Form P & A 12), affidavit of justification of proposed suits (Form P & A 11), guarantee of personal sureties (Form P & A 57), death certificate, consent form (Form P & A 38), letter confirming beneficiaries, evidence of ownership of assets (copies of title documents), consent from adult beneficiaries, and original will (if applicable).

6. Lodge the documents: Submit the completed forms and supporting documents to the High Court Registry, paying the necessary fees.

7. Advertisement and objection period: The documents will be advertised in the Kenya Gazette for 30 days, allowing anyone with objections to lodge them. If objections are filed within the notice period, the court will address them through a separate petition.

8. Grant of letters of administration: If no objections are filed after the 30-day notice period, the applicant will receive letters of administration, which authorize the administration of the deceased's estate. However, the holder(s) cannot distribute the estate but must collect and preserve the assets.

10. Confirmation of grant: After six months from the date of issuing the letters of administration, the holder can petition the court for confirmation. This application is made under Section 71(3) of the Law of Succession and Rule 40 of the Probate and Administration Rules. It involves submitting a summons, affidavit in support, and a schedule of assets describing the property and share of the heir.

Please note that it is essential to consult with a knowledgeable lawyer or legal professional familiar with Kenyan succession laws to ensure compliance with all the necessary steps and requirements for applying for a grant of representation. At muthoni Wainaina & Company Advocates we will be happy to help you along your probate journey feel free to reach out today for a consultation on the matter.