When a loved one passes away, managing their estate can be emotionally draining and legally confusing. In Kenya, the process of transferring assets and settling debts is governed by the Law of Succession Act, Cap 160. Our Family Law and Probate department simplifies this process, whether the deceased left a Will (testate) or not (intestate).
The Probate and Administration Process:
- Grant of Probate (Testate Succession): If the deceased left a valid Will, the court issues a Grant of Probate to the Executor(s) named in the Will. This grant confirms their legal authority to execute the wishes of the deceased, including collecting assets and settling liabilities.
- Grant of Letters of Administration (Intestate Succession): If the deceased died without a Will, the court appoints Administrator(s) based on a legal hierarchy defined in the Act (usually starting with the surviving spouse and children). This grant confers the authority to manage the estate and distribute it according to the statutory rules of intestacy.
- Confirmation of Grant: Crucially, the initial grant must be Confirmed by the court after a mandatory waiting period (typically six months). The Confirmation Hearing determines the final beneficiaries and the precise mode of asset distribution. Without confirmation, assets cannot legally be transferred.
- Wills and Trusts: For proactive clients, we specialize in drafting legally sound Wills and establishing Trusts to ensure assets are transferred efficiently and according to your specific instructions, bypassing potential familial disputes and probate delays.
Delaying the probate process can lead to family disputes and asset devaluation. Let our Family Law team provide the clarity and expertise needed to safeguard your loved ones’ inheritance.