A family member died and left no will. How do I proceed?

  • Introduction: Our platform focuses on specific administrative/legal needs of people relating to intestate succession.

Intestacy refers to the circumstance of dying without having made a will or having made a will that is invalid.

  • Risk/what happens if the process is not undertaken: The major risk in respect to the above process is that the court processes take so much time and money and hence delaying the process.
  • Why is the process needed: However, once the case is determined then the parties or rather the beneficiaries can legally access the deceased’s property and even own the property.

Set out below is a summary of the requirements, the procedure and the time frame for intestate succession in respect to immovable property.


Steps

  1. Prepare Court Documents
  2. File the documents in court
  3. Gazette the Petition
  4. Court Hearing

Requirements

  • Original Title documents in respect of the Deceased’s Assets
  • Original Death Certificate
  • Letter from the chief or any authority confirming the Beneficiaries of the deceased estate
  • Copies of the Identification documents of the dependants, beneficiaries, administrators and sureties
  • Copies of the KRA P.I.N. Certificates in respect of the Guarantors


Duration

Approximately two (2) years

Cost

Direct Costs: Filing Fees to be determined by the relevant court Disbursement fee: K.Shs.15,000/=



For further and more detailed information on the above we recommend that you contact an Advocate.
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  • info@microjustice.org






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