Inheritance in Kenya
What happens to your assets when you die in Kenya.
Kenya's Law of Succession Act sets one framework for wills and intestacy, with defined room for customary and Islamic law. Here is what that means for your family and your assets.
The legal frameworks
Which rules apply to a Kenyan family.
Law of Succession Act (Cap. 160)
Governs wills and intestate estates. A surviving spouse generally receives the personal and household effects and a life interest in the residue, with the property ultimately passing to the children.
Customary and Islamic law
Sections 32 and 33 of the Act and related provisions leave room for customary and Islamic law in defined circumstances.
Court grants
A grant of probate (with a will) or letters of administration (without one) is needed before distribution.
This is general information, not legal advice. Speak to a lawyer licensed in Kenya about your own situation.
What your family goes through
The process, in order.
- 1
Death certificate
The starting document for every claim.
- 2
Grant of probate or letters of administration
Applied for in the High Court, or a magistrates' court for smaller estates depending on value.
- 3
Confirmation and distribution
After the grant, the court confirms how the estate is shared before assets are transferred.
Kenya has one of the world's most used mobile money systems, and land titles are frequently still in a previous generation's name. Both are things families need to know about before they are needed.
Where Remayn fits
The part the law does not solve: knowing what exists.
Remayn keeps a private, encrypted record of your accounts, property, policies, wallets and documents. If you stop responding for the time you choose, it tells the next of kin you named where to look. It does not replace a will or a lawyer. It makes sure your family can find what the lawyer needs.
Guides for Kenya
Read next.
What Happens to Your Assets When You Die in Kenya?
Kenyan succession law under the Law of Succession Act.
PropertyLand and Property Inheritance in Africa: How to Avoid Family Disputes
Why land causes so many inheritance disputes and how to reduce them.
GuideWhat Is Probate? A Plain-English Guide for African Families
What probate means and how it differs from Letters of Administration.
Digital AssetsDigital Inheritance: What Happens to Your Crypto and Mobile Money When You Die?
How families get into crypto exchange accounts and mobile money wallets.
DiasporaThe African Diaspora Guide to Protecting Assets at Home and Abroad
How to make assets in Africa and abroad reachable for your family.
GuideWho Is Your Next of Kin? What It Actually Means (and Why It Is Not Automatic)
What next of kin means, and whether it gives anyone legal rights.
Questions
Inheritance in Kenya: common questions.
What law governs inheritance in Kenya?
What happens to my M-Pesa balance when I die?
How long does probate take in Kenya?
Does Remayn replace a lawyer?
Other countries: Nigeria, Ghana, South Africa.
What remains, lives on.
It takes about ten minutes to tell your family where everything is. Do it today, for them.
Coming soon