Losing someone is hard enough without the paperwork. This guide sets out the practical steps, in the order they usually happen. It is general information, not legal advice - succession can be complex, and an advocate helps.

The first days

  1. Medical confirmation. A doctor confirms the death and issues a certificate of the cause of death. If the death happened at home or unexpectedly, the police are involved.
  2. The mortuary. The body is usually moved to a hospital or funeral home mortuary.
  3. Burial permit. A permit for burial or cremation is issued by the civil registration authorities, based on the medical certificate. You need it before the funeral.

The death certificate

Register the death and apply for the death certificate through the Civil Registration Services, including on eCitizen. You will need it for almost everything that follows: banks, insurers, pensions, NSSF, land and succession. Order several certified copies.

Funerals

Funerals in Kenya are often large and held upcountry in the family’s home area, and are commonly funded by a family committee and a harambee. Many employers, SACCOs and insurers have last expense cover that pays a sum quickly for funeral costs.

Deaths of foreign nationals

Contact the person’s embassy straight away. They can advise on repatriation of the body or ashes, which requires permits and an airline’s agreement, and on registering the death at home.

Succession - dealing with the estate

Under the Law of Succession Act, nobody may deal with the dead person’s property - land, vehicles, bank accounts, shares - until a court has granted authority.

  1. Get a letter from the chief of the area where the person lived, listing the surviving family.
  2. File a petition in court - for a grant of probate if there is a will, or letters of administration if there is not. Smaller estates can be handled in the Magistrates’ Courts, with simplified procedures for small estates.
  3. Gazettement - the petition is published in the Kenya Gazette, and anyone who objects has a set period to do so.
  4. The grant is issued to the administrators.
  5. Confirmation - after six months, the administrators apply for the grant to be confirmed, with an agreed distribution of the property.
  6. Transfer - property is then transferred to the beneficiaries.

Who inherits without a will

The law sets out who inherits: first the spouse or spouses and children, then parents, then brothers and sisters and other relatives. Disputes are common, so keep good records and get advice early.

Planning ahead

  • Write a will, with an advocate, and keep it safe.
  • Name beneficiaries on pensions, insurance and SACCO accounts.
  • Keep a list of accounts, policies and property for your family.

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