Succession Documents: What Families Should Gather

Build an inventory before choosing forms

The documents needed for a succession matter depend on the will, family structure, assets, existing proceedings and proposed administrator. Start with an organised inventory rather than downloading a petition and trying to make the family's circumstances fit it.

Record the deceased's names, date of death, last residence and any known court case. Obtain the death certificate and preserve any original will or codicil. If a will is missing, disputed or only available as a copy, identify that issue early. Do not alter, annotate or discard original documents.

Map the family and the proposed representatives

Prepare a complete list of spouses, children, any deceased children and their families, and other people who may claim an entitlement or dependency. Note minors and any disagreement about relationships. Your advocate can identify the evidence and consents appropriate to the application rather than relying on an informal family list as conclusive.

Identify who is proposed to act and whether an executor is named. Have identification and contact information available for secure sharing after engagement. A chief's letter may assist the registry, but it does not itself appoint an administrator or determine all questions of entitlement.

List assets and liabilities separately

• Land references, title documents and current ownership information.
• Bank, SACCO, investment and mobile-money institutions, without sharing passwords.
• Vehicle particulars, business interests and share records.
• Debts, charges, ongoing expenses and claims affecting the estate.
• Insurance or pension information, with nominations and scheme rules where available.
• Foreign assets and digital accounts that require further investigation.

Mark uncertain ownership clearly. Joint ownership, nominations, company assets and assets in another jurisdiction may need distinct analysis. Do not assume every item associated with the deceased can be distributed under the same process.

Preserve the existing paper trail

If a petition has already been filed, gather the case number, application, Gazette notice, orders, grant and any confirmation documents. Keep a chronology of what has happened and identify whether any applications or disputes are pending. A fresh application may be inappropriate where an existing cause needs attention.

Record urgent concerns such as threatened sale, withdrawal, occupation or missing records. Ask about lawful preservation steps before anyone takes control of assets or distributes money. Section 45 of the Law of Succession Act restricts unauthorised dealings with a deceased person's free property.

Use the checker to prepare a focused discussion

The Succession Pathway Checker helps organise questions about the will, estate value, family and stage. Download its checklist and use it to identify gaps. It does not decide the court application, validate a will or authorise a transfer.

For the first consultation, share a short overview of the stage and main concern. After the firm confirms scope and secure document-sharing arrangements, it can identify the application, evidence and further work needed. Never send account passwords, wallet keys or a full identity-document bundle through a general enquiry form.

Useful tools for this question

The tools provide provisional information based on selected assumptions. They do not verify documents or determine legal rights.

Official sources and further reading

• Law of Succession Act, official government-hosted text
• Judiciary: probate and administration principal registry

Related legal services

This guide provides general information, not legal advice, and does not create an advocate-client relationship. The appropriate route, applicable law and current official procedures should be checked for your circumstances. Do not send confidential documents through the enquiry form.