Intestate succession and how to go about it

What is intestate succession?

Intestate succession is where a person dies without having made a will or the will is invalidated.

How is intestate succession done?

There are various things that are considered when one dies intestate. Below is what is considered.

 If you’re married and have children

Your surviving spouse shall be entitled to personal and household effects absolutely. Further, to a life interest in the remaining property of the deceased person. The spouse will also have an interest in property which will terminate upon his/ her death. If the surviving spouse is a widow, that interest shall come to an end if she marries another person. The children will get the entire estate upon the termination of the life interest of the surviving spouse.

 If you’re married with no children

Your surviving spouse will receive all personal and household effects absolutely up to the first Kshs.10, 000/- or 20% of the residue estate whichever is greater. The spouse will also have an interest in property which will end if she gets married to another person.

 If you’re not married and have children

In such a case, your children will receive the proceeds of your entire estate at age 18.

 If you’re not married have no children

Here, your entire estate will go to the following family members, in this order:
 Father, if dead;
 Mother, if dead;
 Brothers and sisters and children of deceased brothers and sisters in equal shares, if dead;
 Step-brothers and sisters, if deceased their children in equal shares, if dead;
 Relatives who are closely related to you.
 If you have no living relatives and die intestate, your estate will go to the state.