Introduction
Succession is simply the process through which the dependents and beneficiaries of a deceased person may inherit or obtain property rights and obligation of the deceased property.
In the Kenyan context succession may be:
Testate Succession- This occurs when the deceased had a will which stipulates his wishes as to how he envisions his properties are to be divided amongst his beneficiaries.
Intestate Succession– This occurs where the deceased died without having.

Petition for Grant of Probate

Preliminary steps by beneficiaries include obtaining:

• Obtain the original will plus two photocopies (of the will)
• The deceased’s death certificate
• A letter from the area Chief listing all the beneficiaries to the property, their ages and relationship to the deceased
• Documentation of proof of ownership of the property of the deceased

The executors of the deceased person’s estate will then be required to petition the High Court of Kenya for a Grant of Probate. The petition is accompanied by the aforementioned documents, an affidavit which must include a schedule of the assets and liabilities of the deceased person’s Estate with their approximate value. Proof of ownership of the assets must also be attached.

The petition is then filed at the Family Division of the respective High Court if the value of the estate is above twenty million and the Magistrates Court if below and the Court Registrar peruses the petition to check if it is in order and thereafter, assesses the filing fees due and payable to the Judiciary of Kenya. Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette so as to notify the public of the petition and for any person who has a claim on the estate of the deceased to have an opportunity to object to the Grant of Probate being given to the executor. After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed Grant of Probate – which will indicate the executors as the lawfully appointed executor of the Estate should be made by the executors to the Court. 

Confirmation of grant of probate

Upon issuance of the signed and sealed Grant of Probate, the executor must wait for the statutory 6 months’ period to lapse before applying for the Grant to be confirmed after which he/ she/ they will be issued with a Certificate of Confirmation of Grant of Probate and this Certificate gives them power to transfer the Estate’s assets in accordance with the provisions of the Will.

• Petition for letters of administration intestate
  Preliminary steps by beneficiaries include obtaining:
• A copy of the deceased death certificate
• Applicant’s identity card
•  A letter from the area chief listing all the beneficiaries to the property, their ages and 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

There should be at least 2 persons who must petition the High Court for Letters of Administration Intestate. Preference is usually given to the surviving spouse but this does not prevent the adult members of the family from agreeing amongst themselves on who to petition the court if a surviving spouse is not in a position to do so. The petition should be filed at the nearest High Court if the value of the estate is above twenty million or the Magistrate Court if the value of the estate is below twenty million, to where the deceased person resided at the time of his/ her death.

The petition for Letters of Administration Intestate is a formal legal document which must be accompanied by an affidavit in support from the petitioners. The petition should include a schedule of the assets and liabilities of the Estate with the approximate values, proof of ownership, the deceased’s death certificate and a letter from the chief in the locality of the deceased’s place of domicile stating that the chief knew the deceased person and giving details of the estate’s beneficiaries and dependents as known to him.

It is a mandatory requirement for the petitioners to swear affidavits of justification satisfying the court that the petitioners are solvent and are able to comply with their obligations as Administrators. It is also a mandatory requirement for the petitioners to obtain other independent persons to be sureties for the full value of the net Intestate Estate who in turn will have to satisfy the court as to their solvency.

The petition is then filed at the Family Division of the respective High Court after which the Deputy Registrar will peruse the petition and assess its filing fees which is payable to the Judiciary of Kenya. Upon payment of the filing fees, a notice of the petition is advertised in the Kenya Gazette so as to notify the public of the petition and for any person who has a claim on the Estate of the deceased to have an opportunity to object to the Grant of Probate being given to the executor.

After 30 days of the notice of the petition appearing in the Kenya Gazette, an application for extraction of the signed and sealed grant of Letters of Administration – which will indicate the Administrators as the lawfully appointed Administrators of the Estate and state that they have undertaken to faithfully administer the Estate – should be made by the Administrators to the High Court.

Confirmation of the letters of administration intestate
Upon issuance of the signed and sealed Grant of Letters of Administration, the Administrators must wait for the statutory 6 months’ period to lapse before applying for the Grant to be Confirmed after which he/ she/ they will be issued with a Certificate of Confirmation of Grant of Letters of Administration.
At this stage, the Administrators of the Estate shall inform the court on the mode of distribution of the estate.
The Certificate of Confirmation of Grant of Letters of Administration intestate will be issued by the court once it is satisfied with the mode of distribution and endorses it. The Administrators will then have the authority to transfer the estate’s assets to the beneficiaries as per the mode of distribution endorsed by the court.