HOW TO LEGALLY BUY INHERITED LAND IN KENYA- LAND SUCCESSION PROCESS IN KENYA

HOW TO LEGALLY BUY INHERITED LAND IN KENYA- LAND SUCCESSION PROCESS IN KENYA.

As a land buyer, you will often get land sale offers from people who’re inheritors/heirs of land. In most instances, the heirs are reluctant to do succession for them to become legally owners of the land hence as the buyer you are in most cases the one who will facilitate the entire process. In as much as a lawyer can help you in the entire process, you, the buyer need to be fully informed of the whole process to ensure compliance. Here’s a complete guide to help you legally buy inherited land the legal way.

Land succession in Kenya is governed by the Law of Succession Act (Cap 160). It outlines how a property should be distributed when someone dies. The succession process involves two main types: testate and intestate. Testate succession occurs when the deceased left a will while intestate succession happens when the deceased left no will. 

TESTATE SUCCESSION

This type of succession occurs when an individual of sound mind writes a valid will on how to distribute their property to individuals of their choice. According to the Act, a will is defined as a legal declaration by a person of their intentions or wishes regarding the distribution of their property after their death. A will must be valid: should clearly state how the land should be distributed, must be signed and witnessed by two competent individuals. When a valid will has been properly made, the person appointed as the executor should apply for a probate grant from a court of law.

 The applicant must attach the original will, two copies of the will, and the deceased’s death certificate. Once the application is made, it is advertised in the Kenya gazette and if no objection is raised, a grant of probate is issued. Within six months, the executor should apply for a confirmation of the grant of probate. Where there’re no dependents or debts, a court can issue a confirmation of grant even before the entire six month period has lapsed. Once a grant of probate is issued, they should be submitted to the Ministry of Lands for the issuance of title deed in accordance to the confirmed Grant.

INTESTATE SUCCESSION

This occurs in situations where a person dies without leaving behind any will or leaving behind an invalid will. The primary beneficiaries include the deceased spouse, children and blood relatives. Children takes precedence over all other relatives. Under the laws, unmarried partners and parents-in-law are not recognized as beneficiaries. To initiate this process, an interested party (usually a close relative) must file a petition in court for issuance of grant of letters of administration. This legal document gives authority to the administrator to distribute and manage the deceased’s estate. 

The application must include: 

• Original death certificate of the deceased

• A letter from the area chief confirming the heirs

• Copy of the title deed

• ID cards and KRA PIN certificates of all beneficiaries.

• 

Once the court issues the initial grant of letters of administration, the laws requires gazettement of the same in the Kenya Gazette. The gazettement gives the public or any other potential heirs to object the succession. If no objection made, the court then issues a confirmed grant of letters of administration. The confirmed letters of administration is the legal proof that the heirs are the rightful owners of the inherited land. Without it, you should not attempt to engage the property in any way.

With the confirmed grant of letters of administration, the court processes is over. The beneficially submits the documents to the Ministry of Lands. This is the land ownership transformation phase where the land title is updated to reflect the names of the beneficiaries. Below are the documents that need to be presented to the Ministry of Lands.

• Original and copies of the Confirmed Grant

• Original title deed

• Certified copies of ID and KRA pin of the beneficiaries

• Duly filled land transfer forms

• Land rent and rates clearance certificates

• Valuation report from a government valuer

Upon review of the documents by the land registrar, new title deeds are processed bearing the names of the beneficiaries. The legal beneficiaries can now transfer the land to you. 

The above process seems long and complicated but its adherence is undebatable if you want to buy land in the legal way hence avoid loss of time and money. 

PRACTICAL TIPS FOR BUYERS

• Work with a qualified advocate and licensed land agent.
• Ensure that the succession is completed before any payments are made.
• Visit the local land registry to do a property search.
• Confirm that all heirs have consented to the sale (record this in writing or via affidavit).

COMMON CHALLENGES AND HOW TO AVOID THEM

FAQs

How long does succession take in Kenya?

On average, 6 to 12 months, depending on whether there’re family disputes, or delays in documentation. 

Can I transfer inherited land without going to court?

No, all inherited land must go through court through the succession process. Its only upon receiving a confirmed grant you can apply for land transfer at the Ministry of Lands.

✅ Ready to Buy Inherited Land the Right Way?

Do not risk your hard-earned money on unverified land deals. Ensure the land you're purchasing has gone through the proper legal succession

 process. At Great Fortunes Properties, we walk with you every step of the way—from verifying succession documents to completing

 secure land transfers.

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