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The succession Process explained

The procedure for applying for grant of representation is set out in section 51 of the Kenyan Law of Succession Act and Rule 7 to 14 of the Probate and Administration Rules.In the first instance, one has to be eligible to apply for the grant as stipulated in section 66 of the Law of Succession Act which sets out the order of priority. In the instance many of them qualify, any of them can apply for grant but this is set to maximum of four only as prescribed in section 56(1) (b) of the Act. In the instant case therefore the petitioner should fill in application forms attached with the requisite fees to the High Court Deputy Registrar who will examine the documents and present them before the judge who will grant. The petitioner shall file the following forms:
  1. Form P & A 80 (petition)
  2. Form P & A 5 (affidavit)
  3. Form P & A 12 (affidavit of means)
  4. Form P & A 11 (affidavit of justification of proposed suits)
  5. Form P & A 57 ( guarantee of personal sureties)
  6. Death certificate (mandatory)
  7. Form P & A 38 (consent form)
The forms are available at the Court registry and can also be downloaded online from the judiciary website: www.judiciary.go.ke. Further, It should be noted that Form P & A 38 is only required where the children surviving the deceased are adults wherein their consents is required for purposes of obtaining the grant. Where the widow is applying alone, she is exempted from availing a surety; exempted from filing Form 57 and 11).
Other requirements
  1. a) Petition in the appropriate form.
  2. b) Certificate of death (certified copy by commissioner for Oaths).
  3. c) Affidavit in support of the Petition duly executed.
  4. d) Letter from the chief or any authority confirming the Beneficiaries of the deceased estate.
  5. e) Guarantors/sureties (where necessary).
  6. f) Banking slips for advertisement in the special issue of the Kenya Gazette (for full Grants).
  7. g) Evidence of ownership of assets (copies of title documents).
  8. h) Consent from adult beneficiaries not applying in cases of intestate succession.
  9. i) More than One (1) Petitioner to apply in the event that the estate comprises of minors.
  10. j) Original Will and two (2) copies in matters of testate succession.
  11. k) Certified true copy of grant for resealing of grant.
  12. l) Contact details: physical address, E-mail, telephone number and postal address.
It will then be advertised in the Kenya gazette as a succession cause for a thirty (30) day period whereby any objections from persons who feel entitled to the estate. Objections are lodged by way of petition and they suspend the advertisement until their determination. If there is no objection after thirty days the person whose name appeared on the cause gets a temporary grant for the administration of deceased’s estate which lasts for six months during which this person is referred to as ‘personal representative’ and cannot distribute the estate of the deceased but collects and preserves the assets of the deceased.
After six months have elapsed from date of deceased’s death, one can petition the court for confirmation of grant of letters of administration. Notice of petition or application for grant must be given to every entitled person[1] except for limited grant
Please note that at all times you must obtain competent legal advice. This article does not constitute legal advice.
[1] Section 67 cap 160 and rule 26 P&A rules
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