Grant of Probate for a Will in Kenya

Grant of Probate for a Will in Kenya

This process is for a deceased case of a person who died Testate. This means that the deceased had in place a will before he died. The person administering the Will is known as an Executor and the persons benefitting from the Will are called Beneficiaries.

To apply for a grant of Probate for a Will in Kenya, you must file a Petition with the High Court of Kenya. The Petition should include:

1. Deceased’s Details
   • Full name, date, and place of death.
   • Last known residence.
   • Relationship of the Applicant to the Deceased.
2. Estate Inventory
   • A list of all assets and liabilities of the Deceased.
3. Executor and Applicant Information
   • Names and addresses of the Executor(s) and Applicant.

Supporting Documents

Ensure your Petition is accompanied by:

• The original Will.
• Original Death Certificate.
• Proof of property ownership (search documents for immovable property).
• Identification documents for Executors and Beneficiaries.
• Letter from the Area Chief confirming the Beneficiaries entitled to the estate.

Gazette Notice and Objections

Once the application is filed, a notice is published in the Kenya Gazette to inform the public and invite objections. Anyone contesting the Will has 30 days to file an objection. If no objections are raised, the Grant of Probate is issued.

Responsibilities of the Executor of the Estate

Upon receiving the Grant, the Executor must:

• Safeguard the assets of the estate.
• Settle outstanding debts and liabilities.

However, the Grant does not authorize the sale or distribution of capital assets. These actions require a Certificate of Confirmation of Grant, obtained after six months.

Applying for Confirmation of Grant of a Will in Kenya

After six months, the Executor must apply for Confirmation of the Grant to distribute the estate.

What the Application Should Include

• Names and details of all Beneficiaries.
• A schedule of the deceased’s assets and liabilities.
• The proposed distribution of assets among Beneficiaries.

Procedure

1. File a Summons for Confirmation at the court registry.
2. Attend the hearing alongside Beneficiaries. If a Beneficiary cannot attend, they may file a written Consent to the Confirmation of Grant. However, the beneficiaries need to attend the Court Hearing. The Judge will confirm the beneficiaries identity using their Passport or National Identity Card.
3. Upon satisfaction, the court reviews the application and issues a Certificate of Confirmation of Grant.

Effect of Confirmation of Grant of a Will in Kenya

Once confirmed, the Executor is empowered to:

• Distribute assets to Beneficiaries as outlined in the Will.
• Sell assets if necessary, with proceeds directed as per the Will.

Post-Confirmation Duties

The Executor must:

• Complete estate administration within six months (or an extended period if approved by the court).
• Provide the court with a detailed report of how the estate was managed.
• Submit a final inventory of all assets, liabilities, and transactions.

Why a Grant of Probate of a Will in Kenya?

The Grant of Probate of a Will in Kenya ensures the deceased’s wishes are respected and provides legal protection for the Executor and Beneficiaries. It also prevents unauthorized individuals from interfering with the estate.

If you would like to obtain a grant of probate for a will in Kenya, please contact us at info@swkadvocates.com.