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
A surviving spouse with children keeps the personal and household effects and a life interest in the rest of the estate; the children inherit the rest.
Law of Succession Act (Cap 160) — s.35(opens Kenya Law)Daughters and sons inherit equally, married or not.
Constitution of Kenya, 2010 — Art. 27(opens Kenya Law)Dependants left without reasonable provision can ask the court for it.
Law of Succession Act (Cap 160) — s.26(opens Kenya Law)
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
A written will must be signed by the person making it and attested by two competent witnesses.
Law of Succession Act (Cap 160) — s.11(opens Kenya Law)A witness who inherits under the will can lose that gift — choose witnesses who are not beneficiaries.
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 VerishaInformation, not legal advice. Check the official source, or an advocate, before you act.