Can funeral costs be paid from the dead person's estate?
Law of Succession Act · sources read 3 Oct 2026
Yes. Reasonable funeral expenses are paid out of the deceased's estate before it is shared, and paying for a reasonable funeral is the first duty the law lists for the executor or administrator.
- Deadline
- Within 6 months of the grant, the administrator must give the court a full inventory and account of dealings with the estate.
- Where
- The executor or administrator of the estate; disputes go to the succession case at the magistrate's court or High Court
Steps
- Keep receipts for funeral costs. The estate's accounts are meant to include an account of the funeral expenses.
- Ask the executor or administrator named in the grant to pay the reasonable funeral costs out of the estate.
- If there is a dispute over funeral costs in the estate, it can be raised in the succession case at the magistrate's court or the High Court.
Watch out
- Only reasonable funeral expenses come out of the estate first.
- Before a grant, no one may take or dispose of the deceased's property unless the law allows it, so relatives should not simply help themselves to the deceased's money.
- Court fees and other administration costs come after funeral expenses.
Who this covers
- Applies to the estate of anyone who has died; the executor or administrator (personal representative) pays from the estate.
Official sources (2)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 3 Oct 2026
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026