One father left a careful will naming an executor; another left nothing in writing. Both estates need a court grant before anything can be transferred, but the two families will follow different documents, and knowing which applies saves months of confusion.
What is probate?
Probate is the grant made where the deceased left a valid will. The court confirms the will and empowers the executor named in it to collect the assets, pay the debts and distribute the estate according to the will’s terms. The executor’s authority dates from the grant rather than from the will itself, which is why institutions ask for the sealed document.
What are letters of administration?
Letters of administration are the grant made where there is no will, or where the will named no capable executor. Administrators are appointed under the Law of Succession Act (Cap 160), usually from among the beneficiaries, and their duties largely mirror those of an executor, except that distribution follows the Act’s intestacy rules rather than the will. Because administrators act under the court’s supervision, they may need to account or seek directions where the estate is complicated.
Does every estate need a grant?
In practice, yes, for anything substantial. Banks, land registries and share registrars require a grant of representation before releasing or transferring significant assets. Some institutions release modest balances against the death certificate alone, but the threshold varies by institution, and any dealing in land requires a grant confirmed by the court.
Which route applies to your family?
- A valid will with a willing and capable executor points to probate.
- A will without a working executor points to letters of administration with the will annexed.
- No will at all points to ordinary letters of administration under the intestacy rules.
Whichever route applies, the distribution must follow the will or the Act, and the court retains oversight until the estate is confirmed. CS Advocates LLP advises executors and administrators on obtaining and using grants; see our practice areas and about the firm. The Law of Succession Act is published on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.