Grant of Probate Kenya: The Process When There's a Will

When a Kenyan dies leaving a valid will, the named executor must apply to the court for a Grant of Probate before they can legally act on the will's instructions. The grant is the court's official confirmation that the will is valid and that the executor has legal authority to gather assets, pay debts, and distribute the estate according to the deceased's wishes.

Who Applies

The executor named in the will files the application. If the named executor is unwilling or unable to act — they've died, they're incapacitated, or they refuse — the court may appoint an administrator with will annexed, which functions similarly to probate but with a court-selected administrator.

An executor can also be a beneficiary under the will. There's no legal conflict — it's common practice.

The Application: Form P.A 78

The executor files a Petition for a Grant of Probate using Form P.A 78 at the appropriate court. The petition includes:

• The executor's personal details and relationship to the deceased
• The deceased's details — name, ID number, date and place of death
• A complete schedule of the estate's assets and liabilities
• A list of all beneficiaries named in the will
• A list of all known dependants (even if not named in the will)

Supporting Documents

Form P&A 3 (Probate Affidavit) — a sworn affidavit verifying the will's authenticity. The executor swears that they believe the document is the last will and testament of the deceased, that it was properly executed, and that the signature is genuine.

The original will — the court requires the original document, not a copy. This is why safe storage of the will is critical.

Death certificate — a certified copy.

Chief's beneficiary letter — listing all known surviving family members, even those not named in the will. This is because dependants who were being maintained by the deceased can petition for reasonable provision under Section 26, regardless of the will's terms.

The Court Process

1. Filing. Submit the petition and supporting documents at the court registry. Pay the filing fee (KES 3,000-15,000).

2. Kenya Gazette publication. The court publishes a notice in the Kenya Gazette, giving creditors and the public 30 days to file objections. The publication fee is approximately KES 3,480.

3. Form 30 verification. The Principal Probate Registry checks that no other succession case has been filed for the same deceased person anywhere in Kenya and issues a Form 30 Certificate.

4. Court hearing. After the objection period expires, the court examines the petition. If satisfied, it issues the Grant of Probate to the executor.

5. Six-month waiting period. The executor cannot distribute capital assets for six months after the grant.

6. Confirmation. After six months, the executor files a Summons for Confirmation of Grant with a distribution schedule matching the will's instructions and signed consent from adult beneficiaries.

Probate vs. Letters of Administration

The Executor's Duties

Once the court grants probate, the executor has legal obligations:

• Gather all assets — bank balances, land, vehicles, investments, M-Pesa, insurance payouts
• Pay all debts — funeral expenses, hospital bills, outstanding loans, tax liabilities
• Distribute according to the will — after debts are paid and the six-month waiting period has passed
• File accounts — the court can require the executor to file a statement of accounts showing how the estate was administered
• Maintain assets during administration — pay insurance premiums, property taxes, and ongoing expenses to prevent asset deterioration

When the Will Is Challenged

Any person can challenge a will's validity during the 30-day Gazette notice period by filing Form P&A 61. Common grounds for challenge include:

• The testator lacked mental capacity
• The will was not properly witnessed (two witnesses required)
• Fraud, forgery, or undue influence
• A later will exists that revokes the one being probated

Under the April 2026 judiciary directive, contested probate matters are referred to court-annexed mediation before proceeding to a full hearing.

The Grant of Probate is the legal instrument that activates a will. The Guide to Succession and Inheritance in Kenya provides the complete probate workflow, including a form-by-form walkthrough and guidance on handling challenges and dependant claims.

Guide to Succession and Inheritance in Kenya →