Kenya succession & inheritance guide

• ✓Secure core identity + relationship proof: death certificate, deceased’s ID details, spouse proof (if any), children’s birth certificates/adoption orders.
• ✓Make an asset map: land parcels, bank/SACCO accounts, employer benefits, insurance, vehicles, business/shares — and who holds which documents/keys.
• ✓Stop pressure-signatures: do not sign ‘family settlement’ papers, broad indemnities, or land sale agreements until you understand the grant path and who legally inherits.

• ✓Start a single “estate file owner” (1–2 people) and a submission log: date, where filed, reference numbers, queries received.
• ✓Request written checklists from banks/SACCOs/employers/insurers (so you don’t chase moving targets).
• ✓If urgent expenses exist, consider whether a limited grant route is needed (narrow authority; court approval required).

• ✓Names/ID numbers not matching across documents (spelling, initials, old surnames) with no explanation.
• ✓Missing spouse proof or disputed spouse status (especially where there were multiple households).
• ✓Missing children’s documents or unclear parentage/guardianship for minors.
• ✓Trying to sell land or distribute money before grant/confirmation.
• ✓Not getting consents where required (or using inconsistent beneficiary lists).
• ✓Using informal letters/‘chief’s letters’ as if they replace court authority (they may support facts of residence/relationship, but do not replace a grant for asset transfer).
• ✓Losing the paper trail: no receipts, no written confirmations, no submission log.

Some families use the Office of the Public Trustee for summary administration in modest estates.

As a commonly referenced guide: the Public Trustee may summarily administer estates up to a stated cap, and ex-officio agents may handle smaller caps in some sub-counties. Criteria and practice can vary—ask for the current checklist and threshold in writing.

“Who can apply / who can act” is about who leads the legal administration (executor/administrator).

“Who inherits” is about who legally receives assets. These can be the same person — but often they are not.

• ✓Confirm the surviving spouse(s) and children (including minors).
• ✓Confirm whether there were multiple households (‘houses’) and the children in each.
• ✓Confirm whether any dependants outside spouse/children may need to be considered.
• ✓Build one consistent beneficiary list with ID numbers and relationships.

Intestate distribution changes depending on which relatives survive (parents, siblings, more remote relatives) and whether dependency claims exist. Confirm the facts early and avoid signing “settlements” under pressure.

• ✓Customary marriage context where documentation may be incomplete or disputed.
• ✓Polygamy / multiple households: distribution can require careful ‘house’ mapping.
• ✓Disputed spouse status, disputed children, or a missing/unknown heir.
• ✓Minor children: guardianship and protection steps can affect the process.
• ✓Muslim estates may follow a different legal framework in some contexts; confirm your correct track early.

If the executor can’t or won’t act, the estate can stall.

Treat it as an early “get structured help” scenario and keep all decisions documented.

A limited grant can sometimes be obtained faster than a full grant, but it still requires a proper application and court approval.

It is not an “instant fix” — plan for paperwork, queries, and clear proof of urgency.

• ✓Disputed spouse/child or missing heir.
• ✓Polygamy / multiple households.
• ✓Land boundary disputes or unclear title history.
• ✓One person has controlled estate money and refuses transparency.

If the deceased had SACCO loans, salary advances, or bank loans, get the current position early. Loan offsets can change what is available to distribute and can cause surprise disputes.

• ✓Confirm parcel details and the exact registered owner name (mismatches cause rejection).
• ✓Do not sign sale agreements or accept deposits until authority and distribution/transfer path is clear.
• ✓Secure occupation/control: keys, caretakers, rent agreements, boundaries (document access).
• ✓Keep land-related bills stable where relevant (and keep receipts).

Families often focus on bank accounts and land.

Benefits/insurance can reduce pressure while the succession process runs its course.

• ✓Employees, contracts, or cashflow depends on someone signing urgently.
• ✓Company shares need transfer steps and registry updates.
• ✓There are guarantees/sureties or business debts tied to the deceased.
• ✓Personal and business money was mixed (one wallet).

As a practical matter, avoid letting weeks pass with no progress. Early document gathering reduces rework later.

In many cases, confirmation is commonly pursued after a waiting period from the date of grant. Plan your documentation and consents early so you’re ready when the timeline allows.

Land and vacant property can trigger “informal control”. Secure keys/occupation evidence, document access, and keep security stable where relevant.

• Final income tax matters may need to be wrapped up (returns up to date, any outstanding liabilities).
• The deceased’s KRA PIN may be requested in certain transfers or institutional processes (for example, some vehicle/asset workflows).
• If an asset is sold (not transferred), taxes can arise depending on the transaction and the facts.

• Searches, affidavits/statutory declarations, valuations (where required).
• Stamp duty and registration fees may apply depending on the transaction type and route.
• Clearing outstanding rates/rent or land administration issues can add time and cost.

1. Pause irreversible moves: no land sales, no distribution, no broad releases.
2. Inventory with evidence: assets, liabilities, who holds keys/documents, who is occupying land.
3. Communicate in writing: meeting notes, confirmations, receipts.
4. Use the correct grant/confirmation path and get structured help early if needed.

• “Pay me and I’ll fast-track your grant” (upfront cash, no receipts, no filings).
• Fake “registry links” or impersonation of officials to harvest IDs/OTPs.
• Forged grants or altered confirmation papers used to transfer land.
• Pressure to sell land quickly “before someone else takes it”.
• Family member “borrows” estate money during the process and never accounts for it.