What Happens to Your Property If You Die Without a Will

What happens next is not decided by a family meeting — it is decided by the Law of Succession Act (Cap 160). When someone dies without a valid will, the law calls this dying intestate, and the Act itself decides who inherits, in what order, and in what shares.

Spouse and children: the most common scenario

Where a spouse and children survive, the spouse is entitled to the personal and household effects absolutely, and a life interest in the residue — meaning they can live in and benefit from the estate for their lifetime, but generally cannot sell the underlying assets. On the spouse's death, the estate passes to the children. If a widow remarries, her life interest ends immediately.

Since 2010, sons and daughters inherit on identical terms under Article 27 of the Constitution, and children born outside marriage have equal rights once paternity is established.

Polygamous families

Under Section 40, the estate is divided among the houses according to the number of children in each — with each surviving spouse also counted as a unit within their house. Kenyan courts have repeatedly confirmed this "per house" formula.

What the family actually has to do

A relative must petition the High Court for Letters of Administration. Managing the estate without this grant is a criminal offence called intermeddling. After the grant, the law requires a six-month wait before applying for confirmation — the step that authorises actual distribution. In practice, the whole process commonly takes the better part of a year.

Why this matters

A will lets you decide, within the law's protections for dependants, exactly how your estate is shared. Dying intestate hands that decision to a formula that may not reflect your wishes — and usually costs your family time, money, and peace of mind that a will would have preserved.

This article is general information, not legal advice, and reflects the law as it currently stands. Rates, fees, and procedures are subject to change.