Summons for Confirmation of Grant in Kenya: When and How to File

Getting a Grant of Representation from a Kenyan court — whether it's a Grant of Probate or Letters of Administration — is not the final step. The grant gives you authority to gather the deceased's assets, pay debts, and manage the estate. But you cannot distribute capital assets to beneficiaries until the court confirms the grant. The Summons for Confirmation of Grant is the application that triggers this final approval.

The Six-Month Rule

Under the Law of Succession Act (Cap 160), there is a mandatory six-month waiting period between receiving the initial grant and applying for confirmation. This waiting period serves two purposes: it gives creditors time to come forward with claims against the estate, and it provides a window for any overlooked heirs to assert their rights.

You cannot rush this. Filing the summons before six months have passed will result in the court rejecting your application.

What the Summons Must Include

The Summons for Confirmation of Grant is filed at the same court that issued the original grant. Your application must include:

A detailed distribution schedule — this is the most important document. It lists every asset in the estate (land parcels by title number, bank accounts, vehicles by registration, M-Pesa balances) and specifies which beneficiary receives what. If land is being subdivided, the proposed subdivision plan should be included.

Written affidavits of consent — every adult beneficiary named in the distribution schedule must sign a sworn affidavit confirming they agree with the proposed distribution. If any beneficiary objects, the court may refer the matter to court-annexed mediation.

Proof that debts are settled — evidence that funeral expenses, hospital bills, outstanding loans, and other liabilities have been paid from the estate.

Court filing fee — ranging from KES 2,000 to KES 10,000 depending on the estate's value.

What Happens at the Court Hearing

The court reviews the distribution schedule and beneficiary consents. If everything is in order and no objections have been filed, the judge issues the Certificate of Confirmation of Grant. This certificate is the document you need to actually transfer assets — it's what the Ardhisasa land portal, NTSA vehicle registry, and banks require to change ownership records.

If objections arise, the court may direct the parties to court-annexed mediation under the April 2026 judiciary directive. Mediation is confidential, and any agreement reached becomes a binding court order.

After Confirmation

With the confirmed grant, you can proceed to:

• Transfer land via Ardhisasa using Form LRA 39 (intestate) or Form LRA 42 (testate)
• Transfer vehicles through the NTSA portal using Form C
• Release bank funds to named beneficiaries
• Close the deceased's KRA PIN and apply for an Estate PIN if the estate continues to generate income
• Distribute personal property according to the schedule

Common Mistakes

Filing too early. The six-month clock starts from the date the initial grant was issued, not from the date of death. Filing before the period expires wastes time and filing fees.

Incomplete beneficiary consent. If even one adult beneficiary hasn't signed their consent affidavit, the court cannot confirm the grant. Track down every named heir before filing.

Omitting assets. The distribution schedule must be comprehensive. If you discover additional assets after confirmation — a forgotten bank account, an unclaimed insurance policy — you'll need to go back to court for a supplementary grant.

Ignoring minor beneficiaries. If any beneficiary is under 18, the court will require a continuing trust arrangement, and the grant cannot be made to a single administrator alone.

The Summons for Confirmation of Grant is the bridge between having legal authority over an estate and actually completing the distribution. The Guide to Succession and Inheritance in Kenya includes the full timeline, filing requirements, and distribution schedule templates for this critical step.

Guide to Succession and Inheritance in Kenya →