Who Inherits When There Is No Will? Understanding Intestate Succession in Kenya

When a person dies, their property does not automatically pass to family members. The transfer of assets and liabilities is governed by law through a process known as succession. In Kenya, succession is regulated by the Law of Succession Act and may take place either through a will or, where no valid will exists, through intestate succession.

Intestate succession applies where a person dies without a will, where a will is declared invalid by a court, or where a will does not cover all the deceased’s property. In such cases, the law determines who is entitled to inherit and how the estate is managed.

Priority in inheritance is first given to the surviving spouse and children. Where the deceased had no children, inheritance passes to parents, then siblings, and other blood relatives in a defined order. If no relatives can be traced, the estate ultimately devolves to the Government of Kenya.

In polygamous families, the estate is shared among the different houses based on the number of children in each house, with each surviving spouse counted as an additional unit. Distribution is therefore proportional and not necessarily equal.

Before any property can be shared, beneficiaries must apply to court for a Grant of Letters of Administration. This grant gives legal authority to manage the estate. Any person who sells, transfers, or interferes with a deceased person’s property without this grant commits the offence of intermeddling, which is punishable by law.

To apply for the grant, applicants must provide a death certificate, identification documents, and a letter from the area Chief listing all beneficiaries and their relationship to the deceased. Once filed in court, the application is published in the Kenya Gazette for 30 days to allow objections from the public or omitted beneficiaries.

If no objection is raised, the court issues a Grant of Letters of Administration for six months. During this period, administrators identify and secure the assets but cannot distribute them. Distribution can only occur after the grant is confirmed by the court, after which administrators must complete the process and account for the estate.

While the intestate succession process may take time, it exists to protect families, prevent fraud, and ensure fairness. Kenyans are encouraged to understand this process and, where possible, make wills to spare their loved ones unnecessary stress and disputes.