Do you inherit a dead relative's debts?
Law of Succession Act · sources read 3 Oct 2026
A dead person's debts are paid out of their estate (the property they left) before anyone inherits. The administrator of the estate must find and pay all the debts from the estate, and if the estate is too small to cover them, the heirs get nothing.
- Deadline
- The administrator must file the inventory of assets and debts within 6 months of the grant.
- Where
- The administrator of the estate; disputes go to the court handling the succession case
Steps
- If a lender asks you for a dead relative's debt, refer them to the administrator (personal representative) of the estate, whose duty is to pay the debts out of the estate.
- The administrator must give the court a full list of the dead person's assets and debts within 6 months of the grant. You can check what debts are listed.
- If there is a dispute over the estate's debts, beneficiaries and creditors can ask the court to decide questions affecting their rights.
Watch out
- A guarantee is different: a promise to pay the dead person's debt can be enforced against you in court if it is in writing and signed by you.
- Debts are paid before any gift in a will, so a will cannot hand out property that is needed to pay debts.
- The administrator can sell the dead person's assets to pay their debts.
Who this covers
- Beneficiaries and creditors of a dead person's estate.
Official sources (3)
- 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
- Law of Contract Act (Cap. 23) new.kenyalaw.org · read 3 Oct 2026