Who inherits when a parent dies without a will and leaves only children?
Law of Succession Act · sources read 4 Oct 2026
If the person who died left children but no spouse, the estate goes to the only child, or is divided equally among all the children, sons and daughters alike. Gifts the parent gave a child during life are counted in that child's share, and shares for children under 18 are held in trust until they turn 18.
- Where
- The succession (probate and administration) registry of the magistrate's court where the deceased lived, or the High Court for bigger estates
Steps
- Apply for a grant of letters of administration at the magistrate's court (smaller estates) or the High Court before sharing anything.
- A child who feels left out can apply to the court for reasonable provision out of the estate.
Watch out
- Property the parent already gave a child during life is taken into account when working out that child's final share.
- A child under 18 does not get their share directly; it is held in trust until they turn 18. If a child died before the parent, that child's own children share their parent's portion.
- Nobody may take or sell the deceased's property without a court grant or other legal authority.
Who this covers
- Children of a person who died without a will and left no surviving spouse.
- Sons and daughters equally, married or not.
- A child born outside marriage counts as the mother's child, and as the father's child if he recognised or accepted the child or took permanent responsibility.
Official sources (3)
- Law of Succession Act (Cap. 160) new.kenyalaw.org · read 4 Oct 2026
- Magistrate Courts judiciary.go.ke · read 3 Oct 2026
- Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026