Secure Your Inheritance with an Experienced Succession Lawyer
Finding an experienced lawyer for grant of probate Kenya is the first critical step in legally validating a will and executing a loved one's final wishes. The period following a loss is emotionally challenging, and navigating the complexities of succession law can add significant stress. A grant of probate is a legal document issued by the High Court of Kenya that confirms the validity of a deceased person's will and authorises the named executor to manage and distribute the estate. Without it, assets like bank accounts, land, and shares remain frozen. At Mwenda Njagi & Co. Advocates, we provide compassionate, expert guidance to streamline this entire process, ensuring a smooth and timely transfer of assets while upholding the integrity of the deceased's legacy.
The Legal Framework: Navigating Kenya's Law of Succession Act (Cap. 160)
The entire process of succession in Kenya, whether with a will (testate) or without (intestate), is governed by the Law of Succession Act (Cap. 160). For a grant of probate, the deceased must have left a valid written will. This legal instrument appoints an 'Executor,' the person entrusted to carry out the will's instructions. Our role as your experienced lawyer is to guide the Executor through the stringent requirements set by the Act and the High Court of Kenya. The petition for the grant must prove the will's validity, confirm the testator's death with an official death certificate, and identify the assets and liabilities of the estate. The High Court's Family Division holds jurisdiction over these matters, and failure to adhere to its precise procedural rules can lead to lengthy delays or rejection of the petition. We ensure every document, from the initial affidavit to the final inventory of assets, is correctly prepared and filed in compliance with Cap. 160, providing a solid legal foundation for the administration of the estate.

The Probate Procedure: Step-by-Step Requirements in Kenya
Obtaining a grant of probate in Kenya follows a structured legal procedure that requires precision and diligence. An experienced lawyer is essential to navigate these steps efficiently. The typical procedure includes:
1. Document Collation: We begin by gathering all necessary documents, including the original Will, the original Death Certificate, and the national ID/passport copies of the named executor(s).
2. Petition Filing: Our team drafts and files a petition at the High Court. Key documents include the Petition itself (Form P&A 80) and an affidavit from the executor (Form P&A 3), which details the deceased's assets and beneficiaries.
3. Gazettement: Once filed, the court requires a notice of the petition to be published in the official Kenya Gazette. This publication serves to inform the public and allows any person with an objection (a caveat) to come forward within a 30-day period.
4. Issuance of Grant of Probate: If no objections are raised after 30 days, the court issues the Grant of Probate. This document empowers the executor to begin consolidating the deceased's assets.
5. Application for Confirmation: After a mandatory six-month waiting period from the date the grant is issued, the executor must apply for the 'Confirmation of the Grant.' This final step, once approved by the court, allows for the legal distribution of assets to the beneficiaries as specified in the will, including transferring properties at the Land Registry.
Legal Representation in Kenya
Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.
Understanding the Costs: Legal Fees for Grant of Probate in Kenya

Transparency in legal fees is a cornerstone of our practice at Mwenda Njagi & Co. Advocates. The costs for obtaining a grant of probate in Kenya are primarily guided by the Advocates (Remuneration) Order, which sets fees based on the value of the estate. The total cost is composed of three main parts:
1. Legal Fees: This is the professional fee for our legal services, calculated as a percentage of the gross value of the estate. For a standard estate, legal fees can range from KES 150,000 to KES 400,000+, depending on its complexity and value.
2. Court Filing Fees: These are statutory fees paid directly to the Judiciary upon filing the petition. They are relatively minor, typically falling between KES 5,000 and KES 15,000.
3. Disbursements: These are out-of-pocket expenses incurred during the process, such as the fee for publication in the Kenya Gazette (approx. KES 3,000), photocopying, and courier services.
We provide a clear and detailed fee agreement at the outset to ensure you have a complete understanding of all expected costs.





