Land, Property Transfer Process After Losing Loved One
Following the death of a loved one, many Kenyans are frequently thrust into the arduous process of attempting to recover land and property owned by the deceased.
While fending off land grabbers, the beneficiaries find themselves in long-winded court cases, mostly challenging the wills left behind by the deceased individuals.
However, the process of recovering the property can be minimal when proper documents are lodged in a timely manner.
Here is a step-by-step guide to transferring property as recommended by the judiciary.
Requirements
Individuals named in the deceased’s will as the successors are frequently required to apply for the right to execute the will, which is known as the Grant of Probate.
Applicants must have the following requirements:
- The original will of the deceased, as well as two copies.
- The deceased’s death certificate
- Petition P&A 3-Affidavit P&A 78-Petition
- Every application for a Grant of Probate must include the full names of the deceased, the date and place of his death, the last known place of residence, the applicant(s)’ relationship to the deceased, and a full inventory of the deceased’s property.
Complete Procedure
Applicants should file all of the above-mentioned documents with the court nearest to them for approval and fee assessment.
Following the deputy registrar’s approval and issuance of an invoice, they should proceed to make two separate payments for the court fee and gazettement fee at the specified banks and present the bank slips at registration to obtain receipts.
After the notice is published in the Kenya Gazette, the applicant is required to wait 30 days to allow for any objections (If a person was left off the list of beneficiaries, he or she can apply to the court to be included).
Issuance of Grant of Probate
The applicant must have a letter from the area chief listing all of the beneficiaries to the property, a copy of the death certificate, the applicant’s identity card, the beneficiaries’ identity cards, a P&A 85-Petition form, and a P&A 19-Affidavit form.
The application process is identical to that of the Grant of Probate.
If there is no objection six months after the gazettement, an application to confirm the grant of letters of administration and distribution of estate must be made (issued).
Important notes
The number of people requesting probate should not exceed four.
If the deceased person’s property is worth more than Ksh20 million, the documents must be filed at the High Court.
If the deceased person’s property is worth less than Ksh20 million, the documents must be filed at the Magistrate’s court.
