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Can a relative sell or use a dead person's land before succession?

Law of Succession Act · sources read 2 Oct 2026

No. Until a court issues a grant of representation, nobody, relatives included, may take possession of, sell or otherwise deal with a dead person's property; doing so is intermeddling, an offence with a fine of up to KSh 10,000, up to a year in jail, or both. Even an administrator with a grant cannot sell land or share out the property until the grant is confirmed.

Deadline
15 days for a cited person to enter appearance after being served.
Where
The probate and administration registry of the magistrate's court or High Court that handles the estate
Go to the official site

Steps

  1. To deal with the property lawfully, someone must first get a grant of representation (letters of administration or probate) from the court.
  2. If the person entitled to apply keeps delaying, an interested person can ask the court for a citation ordering them to apply within a set time.
  3. The person cited has 15 days after being served to respond. If they don't, you can petition the court to make the grant to you.
  4. Once there is an administrator, whoever intermeddled has to answer to them for the property they took, less any proper payments they made for the estate.

Watch out

  • An administrator cannot sell land or buildings before the grant is confirmed.
  • Nobody can share out the property among heirs until the grant is confirmed.
  • Intermeddling is a criminal offence: a fine of up to KSh 10,000, up to one year in jail, or both.

Who this covers

  • The rule protects the property of anyone who has died, and it binds everyone: family members, neighbours and buyers alike.
Official sources (2)
  1. Law of Succession Act (Cap. 160) new.kenyalaw.org · read 2 Oct 2026
  2. Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 2 Oct 2026

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