Explainer: New rules Kenyans need to follow when filing Wills

Judiciary announces new rules for gazettement of succession matters

Stock image on last will and testament

Pulse Live Kenya

The Judiciary has announced new rules to govern the process of filing succession matters with the courts.

In a circular released on February 11, 2021, the Family Division court explained that the Gazettement of succession matters will now be a hybrid of digital and physical processes.

The process will apply in cases where the deceased had a prepared will (testacy) as well as where there was no validated will (intestacy).

Step 1: Obtain and fill in the necessary forms.

In a testate succession one will need to fill; Form P.A 78 (the petition) and Form P & A 3 (the affidavit). And also provide the original will plus two photocopies of the will and the original death certificate.

In an intestate succession, the documents required are:- a search on the property, a letter from the chief stating the surviving beneficiaries and the original death certificate. If the property is valued at less than Sh300,000 then the matter will be filed in a Magistrate's court and if the estate is valued at more than Sh300,000 the matter will be filed at the High Court.

Step 2: The Four important Court Forms

After obtaining and filling the above documents, there are four more forms provided by the court that need to be filled.

a. Form identifying the proposed administrators and at least three witnesses

b. The list of the deceased person’s property (shares in a company, money held

in account, moveable property and immovable property (land, liability)

c. A list of beneficiaries and dependents;

d. P & A 80 - The main petition that is accompanied by the above stated forms. It

contains the prayers, if one wants to be an executor or administrator.

Step 3: E-filing Portal

Scan and upload all the forms and documents on the e-filing portal here.

The portal will autogenerate a case reference number and also generate an invoice for the court fees you will be required to remit, standard cumulative fee of Sh3,480.

Step 4: Pay Court Fees

According to the circular, all payments will be made to the Government Printer so that the succession matter is printed in a Notice, that is Form 60 on the Kenya Gazette.

The bank details are: National Bank, A/C 01001000903100.

Step 5: Visit to the Family Division of the Judiciary

This is a crucial step because failure to do it may prevent the gazettement of your succession matter.

You will need to take the original bank deposit slip at the liaison desk at Family Division registry (Milimani Law Courts, 2nd Floor).

Step 6: Keep a Copy of the Gazette Notice

The notice should be published (gazetted) after three months since the date of filing. Once it has been printed, you will need to either make a photocopy or purchase the Kenya Gazette at Sh50 because it will be needed for the hearing of the letters of administration.

After receiving the letters of administrations, you will wait for six months before filing an application for confirmation of grant. At this point you can also file a schedule of the subdivision among the beneficiaries and/or dependents.

The confirmation of letters of administration from the court empowers the personal representative to now distribute the assets.

The collection of grants, re-sealing of grants, confirmation of grants, certifications and orders can be confirmed through this link and only go back to the Deputy Registrar's liaison desk once you receive confirmation that your documents are ready for collection.

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