Whether a person dies with a will (testate) or without a will (intestate), the Law of Succession Act (Cap 160) and the Probate & Administration Rules govern the process. Here’s the streamlined breakdown:

1. Preliminary Steps

• Obtain essential documents:
  • Original death certificate
  • Original will (if it exists), plus photocopies
• Identify the appropriate personal representative:
  • Testate: executor named in the will
  • Intestate: closest heir (spouse, children, parents), up to four persons jointly

2. Prepare & File Petition + Gazette Notice

• Complete the required court forms:
  • Testate: Forms P&A 78 + Affidavit (P&A 3)
  • Intestate: Forms P&A 80, P&A 5, P&A 11, P&A 12, P&A 57 + supporting documents (ID, sureties, proof of assets)
• Submit Petition to Court Registry (High Court or Magistrate’s Court depending on estate value)
• Publication: Court issues a notice in the Kenya Gazette and displays it at the courthouse — inviting objections within 30 days

3. Responding to Objections (if any)

• Objectors must file:
  • Objection (Form 76)
  • Answer & cross-application (if they seek the grant themselves)
• Court schedules a hearing if objections are raised; otherwise, the process continues after the 30-day period lapses

4. Grant Issued & Confirmation

• Absent valid objections, Court issues a temporary grant, enabling the representative to collect assets but not distribute
• Around six months later, the representative applies for confirmation (Forms P&A 108–109), serves notice to beneficiaries, and attends confirmation hearing
• Once confirmed, the grant becomes full authority for final distribution.

5. Asset Administration & Distribution

• Inventory and valuation of assets and liabilities
• Settle debts, including taxes and funeral expenses
• Distribute the estate either per will or intestacy rules (spouse, children, etc.)
• Prepare and file final accounts with the court and Kenya Revenue Authority

Why Choose AWK Advocates?

AWK Advocates (https://awkadvocates.co.ke/) is a full-service Kenyan law firm with deep expertise in:

• Drafting Petitions, Gazette notices, Affidavits, and responses to objections
• Managing communications with Beneficiaries, sureties, Court Registries, and the Kenya Gazette
• Handling Probate disputes, applications for limited grants (e.g., ad colligenda bona), and sensitive family inheritance issues
• Preparing Estate inventories, valuations, and final accounting, ensuring no detail is overlooked
• Advising on alternative dispute resolution, if conflicts arise, to avoid protracted court battles

With AWK’s support, the entire process—from petition to final distribution—flows smoothly and efficiently, minimizing delays and emotional stress on surviving families.

 

At-a-Glance Table

Stage	Key Action	AWK’s Role
1) Preparation	Collect documents and identify representative	Initial assessment, form filling
2) Petitioning	File Petition, Affidavit, Gazette Notice	Legal drafting and filing
3) Objection Phase	Handle objections, represent in court	Legal advocacy in hearings
4) Grant & Confirmation	Obtain grant, prepare confirmation application	End-to-end procedural management
5) Administration	Inventory, pay debts, distribute, file accounts	Detailed estate administration

 

Get Professional Help

AWK Advocates is well-versed in Kenyan succession matters. They offer clarity and care during what can be a complex emotional time.

Visit our website: https://awkadvocates.co.ke/
Contact them directly to discuss your estate’s specifics and schedule an initial consultation.