Apply for succession after a death (letters of administration or grant of probate)
The Judiciary · sources read 30 Sep 2026
Get the death certificate and a letter from the area chief, then file a petition (Form P&A 80 if there was no will, P&A 78 if there was one) at the court where the person lived or was buried. After a 30-day notice in the Kenya Gazette you get the grant, and 6 months later you apply to confirm it before sharing out the property.
- Fee
- We couldn't confirm a fee from the official page. Check it there before you pay.
- How long
- At least about 7 months: a 30-day objection period before the grant, then 6 months before you can apply to confirm it
- Where
- The family (probate and administration) registry of the magistrate's court where the deceased lived or was buried (estates up to KSh 20 million), or the High Court for bigger estates. Cases can also be started on Judiciary e-filing.
What you need
- No will: petition Form P&A 80, affidavit P&A 5, and the sureties and means forms P&A 11, P&A 12 and P&A 57
- With a will: petition Form P&A 78, affidavit P&A 3, the original will (and any codicil) plus 2 photocopies
- Original death certificate or a certified copy
- Letter from the area chief introducing you and the heirs
- A full list of the deceased's property and debts with estimated values, and a list of the heirs
- If a widow or widower applies and there are adult children: their consent (Form P&A 38)
Steps
- Pick the right court: a magistrate's court where the person lived or was buried handles estates up to KSh 20 million; bigger estates go to the High Court.
- Hand in your forms and documents at the registry. They check them and assess the fees: court fees to the Judiciary account and a separate Government Printer fee for the Gazette notice. Pay at the bank and bring back the receipts.
- The application is published in the Kenya Gazette. Anyone who objects has 30 days. If nobody objects, the court issues the grant.
- After 6 months, apply to have the grant confirmed (Form P&A 108), showing the heirs, the property and how it will be shared. Once confirmed you can transfer and share the property.
Watch out
- Don't take, sell or use the deceased's property before you have a grant. The law calls this intermeddling.
- Even with a grant, you can't share out the property until the grant is confirmed.
- If the deceased left children under 18, at least two adults must apply so the property is held in trust for them.
Who can apply
- The executor named in a will, or any adult of sound mind who is not bankrupt. Close family (spouse, then children and other relatives) come first.
- At most 4 people can apply together.
Official sources (4)
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 30 Sep 2026
- Magistrate Courts judiciary.go.ke · read 30 Sep 2026
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 30 Sep 2026
- Judiciary E-filing FAQs judiciary.go.ke · read 30 Sep 2026