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When a family member dies

Who inherits, why you need a grant before touching the property, and how a valid will is made.

Checked against the law on 16 October 2026

If there is no will

Before touching the property

  • Taking, selling or dealing with a deceased person’s property without a grant of representation is intermeddling, a criminal offence.

    Law of Succession Act (Cap 160) — s.45(opens Kenya Law)
  • Start with the death certificate and a letter from the area chief listing the family; then petition the court for a grant.

Making a will

Where to get help

  • Public TrusteeCan administer small estates and estates where no one else applies.
  • FIDA-KenyaFree legal help for women, including widows denied their inheritance.
  • National Legal Aid Service (NLAS)Free legal advice and representation for people who cannot afford a lawyer (Legal Aid Act 2016). Ask at any court registry or Huduma Centre.

Every situation is different. Ask Verisha with your facts — answers cite the law.

Ask Verisha

Information, not legal advice. Check the official source, or an advocate, before you act.