Probate in Kenya for a straightforward estate typically costs between KSh 15,000 and KSh 80,000 in official fees alone — covering the High Court filing fee, gazette notice, stamp duty on the grant, and sworn affidavit charges. Legal representation adds KSh 30,000 to KSh 150,000 on top. The exact amount depends on estate size, whether anyone contests the will, and which court handles the matter.
What is a grant of probate in Kenya?
A grant of probate is the High Court order that confirms a will is valid and authorises the named executor to collect, manage, and distribute the deceased's estate. Without it, banks, the Lands Registry, and companies registrars will not transfer assets — regardless of what a will says.
Kenya's probate process is governed by the Law of Succession Act (Cap. 160), supplemented by the Probate and Administration Rules (now consolidated under the Law of Succession Act subsidiary legislation). Applications are filed in the High Court with jurisdiction based on where the deceased ordinarily resided or where the bulk of the estate is situated. Where estate value falls below KSh 100,000 and no land is involved, the Chief Magistrate's Court may handle it under a simplified procedure.
High Court filing fees (2026)
Court fees in Kenya are set by the Court of Appeal (Organization and Administration) Act and the Magistrate's Courts (Fees) regulations, revised periodically by the Chief Justice. As of 2026, the filing fee for a grant of probate or letters of administration at the High Court is calculated on a sliding scale tied to the declared value of the estate:
| Estate value (KSh) | Filing fee | |---|---| | Up to 100,000 | KSh 1,000 | | 100,001 – 500,000 | KSh 2,000 | | 500,001 – 1,000,000 | KSh 3,000 | | 1,000,001 – 5,000,000 | KSh 5,000 | | 5,000,001 – 20,000,000 | KSh 8,000 | | Above 20,000,000 | KSh 10,000 + 0.5% of excess |
These figures reflect the Schedule of Court Fees currently gazetted. Always confirm with the court registry before filing, as fees are adjusted by Legal Notice. The court also charges separately for certified copies of the grant — typically KSh 200 per page — and for each sealed order or certificate issued during administration.
Gazette notice cost
Under the Probate and Administration Rules, once a petition for a grant is filed, the registrar issues a notice that is published in the Kenya Gazette. This serves as public notice, giving creditors and interested parties time to object. The cost of publication in the Kenya Gazette (Official Publication of the Government of Kenya) is charged by the Government Press and in 2026 runs approximately KSh 3,000 to KSh 5,000 for a standard succession notice, depending on length. Some courts require two gazette insertions where the estate includes land registered under the Land Registration Act (Cap. 300).
A separate newspaper notice is often advertised by practitioners in a daily of national circulation — this is not mandatory under the Rules but is common practice and costs KSh 5,000 to KSh 15,000 depending on the publication.
Stamp duty on the grant
Once the High Court issues the grant of probate or letters of administration, the grant document itself must be stamped before it is used to transfer assets. The Stamp Duty Act (Cap. 480) imposes stamp duty on probate grants at the rate of 0.5% of the value of the estate (as declared in the supporting affidavit). For an estate valued at KSh 5 million, stamp duty amounts to KSh 25,000.
Payment is made at the Kenya Revenue Authority (KRA) using the iTax portal before the document can be presented to any registrar, bank, or company secretary. Keep the KRA payment receipt — asset custodians require it as evidence of duty paid before releasing or transferring assets.
Where an estate includes immovable property, a further stamp duty of 2% applies when that land is formally transmitted to heirs through an Assent — a separate instrument executed under section 82 of the Law of Succession Act. Land transmission assents are filed at the relevant Lands Registry and attract both stamp duty and land registration fees.
Affidavit and oath fees
The petition must be supported by a sworn affidavit of the executor and, where needed, affidavits from witnesses to the will. Commissioners for Oaths in Kenya charge a statutory fee, currently KSh 200 per page sworn. A typical set of probate affidavits runs 8 to 15 pages, making oath fees KSh 1,600 to KSh 3,000.
Additional affidavits may be required if the original will is a photocopy, if a witness has died, or if there are aliunde proof requirements (proving the will by external evidence). Each additional affidavit extends both time and fee outlay.
Advocate's fees: what the scale says
The Advocates Remuneration Order (Kenya) prescribes minimum fees that advocates may charge for probate and administration work. The scale is tied to the gross value of the estate. For a KSh 3 million estate, advocate's fees under the prescribed scale would run in the range of KSh 75,000 to KSh 120,000 — though firms often negotiate fixed fees for straightforward uncontested estates. Courts have discretion to award party-and-party costs on the same scale where probate is contested.
Kenyans handling a smaller, uncontested estate sometimes prepare and file the petition themselves using a pre-drafted template. A properly prepared grant of probate application form for Kenya sets out the required structure and recitals, cutting preparation time and reducing exposure to rejection on form grounds.
Timeframe and what causes delays
An uncontested grant typically takes three to six months from filing to issuance. The main cause of delay is the mandatory 30-day waiting period after gazette notice — any person who wishes to object files a caveat, which halts proceedings until the dispute is resolved. Additional delays arise from incomplete inventories, missing original wills, or title documents that show the deceased's name differently from the death certificate.
Gathering an accurate estate inventory — listing bank accounts, land titles, shares, motor vehicles, and personal property with valuations — before filing compresses the overall timeline considerably. Probate registries in Nairobi, Mombasa, Kisumu, and Nakuru handle the bulk of applications, and registry capacity affects wait times.
Letters of administration: when there is no will
Where the deceased died intestate (without a will), the estate is administered under letters of administration rather than a grant of probate. The court fees and stamp duty apply on the same basis. Distribution then follows the Law of Succession Act's intestacy rules: the surviving spouse, children, and parents share the estate in the proportions set out in Part V of the Act, subject to Kadhis' Court jurisdiction for Muslims and customary law considerations for certain communities under sections 2 and 3 of the Act.
An administrator appointed under letters of administration must file estate accounts with the court within one year of the grant, showing how assets were collected and distributed. Failure to file accounts can attract court sanctions.
Summary of typical total costs
For a mid-range Kenyan estate worth KSh 5 million, a realistic cost breakdown looks like this:
- High Court filing fee: KSh 8,000
- Gazette notice: KSh 4,000
- Stamp duty on grant (0.5%): KSh 25,000
- Affidavit / oath charges: KSh 2,500
- Certified copies and court admin: KSh 3,000
- Advocate's fee (negotiated): KSh 80,000 – KSh 120,000
- Land assent stamp duty (if land transferred): KSh 100,000 (2% of land value)
Total official fees excluding advocate: approximately KSh 43,000. Total including advocate on a negotiated basis: KSh 120,000 to KSh 165,000.
Contested probate is a different category entirely — litigation costs can exceed the value of smaller estates, which is one reason the courts encourage mediation and family arrangements before parties take a dispute to a full hearing.
Key takeaways
Probate in Kenya is a High Court process under the Law of Succession Act (Cap. 160). The main fee categories are the court filing fee (scale-based), gazette publication, KRA stamp duty at 0.5% of estate value, and advocate's fees. Land adds a further 2% stamp duty on transmission. Planning ahead — keeping a clear record of assets, holding a properly executed will, and naming an executor who is capable of acting — keeps costs at the lower end of the range and avoids the prolonged uncertainty of contested succession.
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This article is general information, not legal advice — see our accuracy & editorial policy. Confirm the cited law is current before relying on it.