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Who inherits when someone dies without a will, a spouse or children?

Law of Succession Act · sources read 4 Oct 2026

If the person who died without a will left no spouse and no children, the estate goes first to the parents, then to brothers and sisters in equal shares, then half-brothers and half-sisters, then the nearest relatives up to the sixth degree. If there is no one, it goes to the State.

Deadline
A dependant must apply for provision before the court confirms the grant.
Where
The succession (probate and administration) registry of the magistrate's court, or the High Court for bigger estates
Go to the official site

Steps

  1. Apply to the succession court for letters of administration. Relatives entitled to inherit are preferred according to the size of their share.
  2. File at the magistrate's court if the estate is within its money limit, or at the High Court for bigger estates.
  3. A relative the deceased was supporting just before death can ask the court for a fair share, even if they are not first in line.

Watch out

  • The Act names the father before the mother. The Judiciary's own guide points out that this gives fathers priority over mothers.
  • If no relative up to the sixth degree survives, the estate goes to the State.
  • No relative may take or sell the deceased's property without a court grant or other legal authority.
  • The Act still lists the father before the mother, but in 2022 the High Court declared that order unconstitutional, so parents should be treated as ranking equally.

Who this covers

  • Relatives of a person who died without a will and left no husband, wife or children.
  • Children of a brother or sister who died earlier take their parent's place in the share.
Official sources (4)
  1. Law of Succession Act (Cap. 160) new.kenyalaw.org · read 4 Oct 2026
  2. Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya judiciary.go.ke · read 3 Oct 2026
  3. Magistrate Courts judiciary.go.ke · read 3 Oct 2026
  4. Ripples International v Attorney General & another; FIDA (Interested Party) (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR) (29 September 2022) new.kenyalaw.org · read 4 Oct 2026

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