A parent has passed away in Nairobi, and amid the funeral arrangements a practical question keeps surfacing: how does the family lawfully deal with the bank account, the house in Buru Buru and the shamba upcountry? Everything begins with two things, the death certificate and, later, a court grant.
How do you obtain a death certificate in Kenya?
Deaths are registered under the civil registration system, and certificates are issued by the civil registry. Applications are made at registration offices and Huduma centres, and services can be accessed through eCitizen. You will normally need the notification of death or burial permit, identification documents for the deceased and the applicant, and the prescribed fee. Where the death occurred at home, the local administration is normally involved in the notification before burial.
Why does the death certificate matter for succession?
The certificate opens the estate process. The court requires it before a succession cause can be filed under the Law of Succession Act (Cap 160), and banks, land registries and other institutions will not deal with a deceased person’s property without the certificate and, in most cases, a grant of representation. Certified copies suffice for most filings, but institutions differ on what they accept, so check requirements before ordering duplicates.
What should the family do first?
- Secure the original death certificate and make certified copies.
- Search for any will among the deceased’s papers, banker or advocate.
- List the assets and liabilities, including land, accounts, shares and benefits.
- Identify the beneficiaries and dependants, with their identity documents.
- Establish whether there is a will, which points towards probate, or none, which requires letters of administration.
When should the family take advice?
Early advice helps prevent missteps, selling estate property before a grant issues, or dividing assets informally in ways the court will later have to unpick. Assets discovered after filing can be added to the estate schedule with the court’s leave. CS Advocates LLP advises families on opening succession causes and on administering estates; see our practice areas and about the firm for how we work.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.