They died without a will, what now?

Management of Intestate Estates in Kenya: Legal Provisions and Procedures

In Kenya, the management of the estate of a person who dies without a will is governed by the Law of Succession Act, Cap. 160. Intestate succession ensures that the deceased’s assets are distributed fairly among the surviving family members according to statutory guidelines. This article delineates the steps family members should follow and the applicable legal provisions.

Legal Framework

The Law of Succession Act, Cap. 160, provides the basis for handling intestate estates. According to Section 34, intestate succession occurs when a person dies without leaving a will. The Act lays down detailed rules for the distribution of the deceased’s estate to relatives up to the sixth degree of consanguinity (Section 39).

Steps for Family Members

1. Identify the Estate:
   The first step involves identifying and listing all the deceased’s assets and liabilities. This includes bank accounts, land, vehicles, investments, and any debts owed by or to the deceased.
2. Apply for Letters of Administration:
   Family members must apply for Letters of Administration from the High Court or a Subordinate Court with competent jurisdiction. Under Section 51 of the Act, the application should include:
   • Full particulars of the deceased,
   • Details of the estate,
   • Names and addresses of the deceased’s heirs and beneficiaries.
   • A petition on Form P&A 80 or P&A 81, supplemented by other supporting documents.
3. Publication in the Gazette:
   Once the application is lodged, it must be published in the Kenya Gazette to notify the public. This allows any claimants or objectors to come forward within 30 days from the date of publication (Section 67).
4. Issuance of Grant of Letters of Administration:
   If there are no objections, the court will issue a Grant of Letters of Administration to the petitioner(s). The administrator(s) are then empowered to collect and manage the estate (Section 70).
5. Distribution of the Estate:
   The administrator must distribute the estate according to the intestacy provisions. Sections 35 through 39 of the Act specify the hierarchy and portions of distribution:
   • If the deceased was survived by a spouse and children, the spouse receives personal and household effects absolutely, a life interest in the residue, which ultimately passes to the children.
   • If no spouse or children, parents inherit equally or the entire estate passes to other close relatives as specified by law.
6. Filing an Inventory:
   Under Section 83(e), the administrator is required to file a full inventory of the assets and accounts of the estate within six months of the grant’s issuance and thereafter as directed by the court.

Conclusion

In conclusion, managing an intestate estate in Kenya involves adhering to a structured legal process based on the Law of Succession Act. Therefore, family members must seek court approval for administering and distributing the estate, ensuring compliance with statutory provisions to maintain fairness and legal integrity.