You have been named executor, the funeral is over, and the real work , the estate , now begins. Probate is the legal route from being named in a will to being able to deal with the deceased’s property, and it is more manageable than most executors expect.
What is probate in Kenya?
Probate is the court’s confirmation that a will is valid and that the executor named in it has authority to administer the estate. Applications are made to the High Court under the Law of Succession Act (Cap 160); for small estates, summary procedures are available in magistrates’ courts. Cause information and guidance are published on the Judiciary website at https://www.judiciary.go.ke/.
What are the main stages of probate in Kenya?
- lodging the petition for probate with the will annexed, supported by the required affidavits;
- publication of notice of the cause, allowing objections within the statutory period;
- the grant of probate, which confirms the executor’s authority;
- the summons for confirmation of the grant, setting out the beneficiaries and how the estate is to be distributed;
- transmission of assets , land, shares, bank balances , into the names of those entitled.
How long does probate take in Kenya?
Straightforward causes commonly take months rather than weeks, and contested matters can take considerably longer. The main sources of delay are defective filings, disputes among beneficiaries, and assets whose documents , titles, share certificates, insurance policies , do not match what the will describes. Executors who assemble the estate inventory early, and who keep beneficiaries informed, tend to move faster and with less friction.
What duties does an executor owe during probate?
Executors must act in the interests of the estate and of all beneficiaries: keep proper accounts, avoid conflicts of interest, preserve assets, and distribute according to the will. Errors in administration are not merely embarrassing; they can expose the executor personally, which is why the record-keeping side of the role deserves the same care as the paperwork filed in court.
The procedure is public information rather than a mystery, and preparation carries most of the weight. CS Advocates LLP advises executors and families on probate and estate administration; see our practice areas for the service, and our conveyancing team handles the land transmissions that follow a grant.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.