In Kenya, the process of administering the estate of a deceased person involves several steps, and it is important to follow the legal procedures and requirements. Here are the general steps involved in the succession of an estate in Kenya:
Report the Death: The first step is to report the death to the nearest police station and obtain a death certificate.
Identify the Personal Representative: The personal representative is typically named in the deceased’s will, if one exists. If there is no will, the court will appoint an administrator to manage the estate.
Locate the Will (if applicable): If there is a will, it should be located and submitted to the High Court for validation. The will may specify how the deceased wanted their assets distributed.
Apply for a Grant of Probate or Letters of Administration: If the deceased had a will, the personal representative should apply for a Grant of Probate from the High Court. If there is no will, the personal representative should apply for Letters of Administration. This legal document authorizes the administration of the estate.
Inventory of Assets and Liabilities: The personal representative must compile a list of all the deceased’s assets and liabilities. This includes bank accounts, properties, debts, investments, and any other relevant information.
Valuation of Assets: Get the assets valued. This may involve getting property appraised, assessing the value of investments, and so on.
Clear Debts and Liabilities: Use the estate’s assets to pay off any outstanding debts, taxes, and other liabilities.
Distribute the Estate: After all debts and taxes are settled, distribute the remaining assets as per the deceased’s will (if there is one) or according to the laws of intestacy if there is no will. Beneficiaries should receive their entitlements.
File an Estate Return: The personal representative is required to file an estate return with the Kenya Revenue Authority (KRA) to report the estate’s financial transactions and the taxes paid.
Accounting and Records: Keep detailed records of all financial transactions and administration activities. Beneficiaries may request an account of how the estate was handled.
Maintain Proper Documentation: Keep copies of all relevant documents, including the grant of probate or letters of administration, receipts for payments, and any correspondence related to the estate.
The specific details and requirements may vary depending on the size of the estate and the complexity of the situation. It’s advisable to consult with a lawyer or seek legal advice to ensure that you follow the appropriate legal procedures and requirements when dealing with the succession of an estate in Kenya.