Inheritance when there is no will in Kenya

The spouse takes the personal and household effects of the deceased absolutely, and a life interest in the remainder of the net estate. The capital belongs to the children; the spouse enjoys the income during life and cannot dispose of the capital without the court's consent. A widow's life interest determines if she remarries.

Where the deceased leaves children but no surviving spouse, the net estate devolves upon the children in equal shares. Children born outside marriage and children of any wife in a polygamous marriage are provided for; section 40 divides a polygamous estate between the houses according to the number of children in each house, counting each wife as a child of her house.

The estate passes in order to the father; if dead, the mother; then in equal shares to brothers and sisters and any child of a deceased brother or sister; then half-brothers and half-sisters; then the nearest relatives up to the sixth degree; and failing all of these, to the State.

Petition for letters of administration intestate in the High Court, or in a Magistrates' Court where the estate falls within its jurisdiction. The petition is supported by an affidavit, proof of the survivors, a schedule of the assets and liabilities, and the death certificate. The court gazettes the petition so objectors can be heard.

Under section 71 the grant may be confirmed after six months from its date, at which point the court determines the shares and the administrators may transfer property. Dealing with estate assets before confirmation, or intermeddling without any grant, is an offence under section 45.

Who inherits when someone dies without a will in Kenya?

Under the Law of Succession Act (Cap. 160), a surviving spouse takes the personal and household effects absolutely and a life interest in the rest of the net estate, with the children taking the remainder. Where there is no surviving spouse, section 38 gives the estate to the children in equal shares. Where there is neither spouse nor child, section 39 sets an order beginning with the father, then the mother, then brothers and sisters, and so on.

What is a life interest in Kenyan succession law?

Under section 35 the surviving spouse enjoys the income of the residue for life, but the capital belongs to the children. A widow's life interest determines on her remarriage. The spouse cannot sell the capital without the court's consent.

How do I get letters of administration in Kenya?

File a petition for a grant of letters of administration intestate in the High Court, or in a Magistrates' Court where the estate is within its jurisdiction, supported by an affidavit, a chief's letter or similar proof of the survivors, a schedule of assets and liabilities, and the death certificate. The grant is advertised in the Kenya Gazette, and under section 71 it may be confirmed after six months if no objection succeeds.

Does the Law of Succession Act apply to Muslims in Kenya?

Section 2(3) of the Act excludes the estates of Muslims from most of its provisions; those estates are governed by Islamic law, and the Kadhis' Courts have jurisdiction over questions of Muslim personal law where the parties are Muslim.