Land Succession (with/without Will)

✅ 1. Legal Framework Governing Law: Law of Succession Act (Cap 160) Courts Involved: Magistrate’s Court (if estate value ≤ KES 5M) High Court (Family Division) (if estate value > KES 5M) 🧾 2. Procedure to Follow by Scenario A. With a Valid Will (Testate Succession) Locate the Will – Original copy needed. Identify Executors – Named in the will. File Petition for Probate at the High Court/Magistrate’s Court. Publish Notice in Kenya Gazette – 30-day wait for objections. Grant of Probate Issued – If no objection. Distribute Property – As per will instructions. B. Without a Will (Intestate Succession) Appoint Administrator(s) – Usually spouse/children/close relatives. File Petition for Letters of Administration Intestate. Gazette Notice Published – 30-day objection period. Court Issues Grant of Letters of Administration. File for Confirmation of Grant (after 6 months). Court Approves Asset Distribution – According to the Act. 📌 3. Required Documents (For Both) Document Needed For Death Certificate (Certified Copy) All succession petitions ID & PIN of Deceased & Petitioners Identification & tax compliance List of Assets Land, bank accounts, vehicles, etc. List of Beneficiaries & Relationships Children, spouse(s), dependents Marriage Certificate (if any) Proof of spouse Birth Certificates of Children Proof of heirs Original Will (if applicable) Testate succession Affidavit of Justification To support grant/letters request Land Documents (Title Deeds) Needed for transfer Renunciation Form (if heirs renounce) Optional 🏛 4. Where to File Court: Nearest High Court or Magistrate’s Court with family jurisdiction Lands Registry: For land transfers post-confirmation Kenya Gazette: Notice publication KRA: For clearance and payment of...