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Probate law in Kisumu, Kenya, involves legal procedures undertaken after a person's death to distribute their assets according to their will or the laws of intestate succession. This process includes authenticating the deceased's will if there is one, appointing an executor or administrator, appraising and distributing the property and settling any remaining debts or taxes.
Although the probate process can be done without the need of a lawyer, having a lawyer can help you navigate the complex legalities surrounding probate law. When disputes arise over a will, situations become problematic if one of the heirs is a minor, or when there are significant debts that the estate cannot cover, it is advisable to hire probate lawyers. They can guide you through the intricacies of the system, saving you time, reducing stress, and ensuring that all legal requirements are met.
Kenyan Probate law falls into two categories: when a person dies with a will (testate) and when a person dies without a will (intestate). The Probate and Administration Act, cap 160 of the Law of Kenya, governs probate. If a will is present, a probate process validates it and distributes the assets accordingly. If no will is present, the Kenyan law of succession enumerates that the spouse gets 50%, the children share 50%, and if there are no children, the parents get the assets. The law also requires individuals to apply for a grant of representation to administer the estate which can be a Grant of Probate or Letters of Administration. Also noteworthy is that probate procedures must be followed strictly within the prescribed timelines according to Kenyan law. Otherwise, penalties may apply.
If a person dies without leaving a will, Kenyan law will distribute the assets based on the laws of intestate succession. This usually means the spouse will receive 50% of the properties, and the remaining 50% will be divided among the children. If there are no children, the parents of the deceased will inherit the assets.
A probate lawyer can help with estate planning, drafting a will, filing of a grant of Probate or letters of Administration, providing legal advice, mediating disputes over the estate, and ensuring the estate is administered lawfully and correctly.
A Grant of Probate is issued when a person has left behind a will, and an executor is named. Letters of Administration apply when there is no will, or no executor is named in the will. Both documents give legal authority to administer the estate.
Yes, if a person has legitimate reasons to believe that a will is invalid (due to reasons such as forgery, or the testator was under undue influence during its creation), they can contest it in a court of law.
The timeline varies but it generally takes approximately 6-18 months for straightforward cases. Complex cases can take longer depending on disputes, tax issues or large and complicated estates.
You can obtain more information on Probate law from the Kisumu Law Courts or The Law Society of Kenya where you can also be directed to a specialist probate lawyer. Online resources such as the Kenya Law resource website can also provide useful information. Help desks are also available at local magistrate courts to guide litigants with probate cases.
If you require legal assistance in probate, you should first compile all necessary documents, including the death certificate, will, and an inventory of the deceased's assets. Then consult with a probate lawyer who can guide you through the application process for a Grant of Probate or Letters of Administration at the Probate and Administration division of the High Court. Remember, probate must be applied for within six months of the deceased’s death according to Kenyan law.
