You bought the plots, finished the rentals and the family is settled abroad. The unfinished question is what happens to those assets if you are not there to manage them. Succession planning answers it in advance.
What happens to Kenyan property when an owner abroad dies?
Kenyan assets pass under the Law of Succession Act (Cap 160). Ownership does not move automatically: the estate must be represented by a personal representative who obtains a grant of probate or letters of administration through the Kenyan courts. Until a grant issues, banks, the lands registry and county authorities will not deal with the property, which is why unplanned estates stall. The Act is available on Kenya Law. Acting early costs little; administering an unplanned estate from two continents costs much more, in money and in family relationships.
How can diaspora owners plan ahead?
- Make a valid will that expressly covers Kenyan assets, and review it after major life events.
- Keep title documents, share certificates and payment records where family can locate them.
- Record who should act as executor or administrator, and confirm they are willing.
- Consider a power of attorney for lifetime management if illness or distance makes handling matters difficult.
- Tell at least one trusted person where the documents are kept.
Can the family handle the estate from abroad?
In most cases, yes. An advocate in Kenya can prepare and file the application, and documents originating abroad , death certificates, beneficiary consents , can be notarised or legalised for use in Kenya. Family members need not travel for every step, although original documents are eventually required. Succession work sits alongside property and family law matters, so it is sensible to brief the advocate who already knows the assets; see our practice areas. Where the estate includes property still under a sale or transfer agreement, coordination with the conveyancing file avoids conflicting steps , our real estate and conveyancing team handles both sides of that work. Contested estates, where a will is disputed or relatives disagree, follow a more involved court process, which is another reason to plan clearly now.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.