Estate Inventory (Estate)

An Estate Inventory (Estate) in Kenya sets out a written record of the details it captures.

The estate inventory is the primary document for the entire estate administration process. It establishes what property the deceased owned — and in what capacity, whether solely, jointly, or as a tenant in common — at the precise moment of death. This distinction is critical under Kenyan law because jointly owned property passes automatically by survivorship to the surviving co-owner and does not form part of the estate available for distribution under the will or intestacy provisions of the Law of Succession Act. Property held as a tenant in common, on the other hand, passes through the estate and is governed by the Act.

The inventory must capture all categories of property recognised under Kenyan law. Immovable property — land and buildings registered under the Land Registration Act No. 3 of 2012, the Registration of Titles Act Cap. 281 (now largely replaced by the Land Registration Act), or the Government Lands Act Cap. 280 — must be identified by title number, land reference number, or leasehold number as appearing on the relevant certificate of title or lease document issued by the relevant Lands Registry. Movable property includes bank accounts (with account numbers and balances), motor vehicles (with logbook details), shares and securities (with CDSC account references for holdings on the Nairobi Securities Exchange), insurance policies (with policy numbers and assured sums), business interests, intellectual property rights, household furniture and effects, jewellery, and any other personal items of value.

The inventory must also record all liabilities existing at the date of death — mortgages or charges over land registered under the Land Registration Act, overdraft facilities, personal loans, credit card debts, trade creditors, pending court judgments, and any statutory liabilities to the Kenya Revenue Authority, the National Social Security Fund, or the National Hospital Insurance Fund. The net estate available for distribution is determined by deducting total liabilities from total assets.

Forms-legal.com provides a structured Estate Inventory template for Kenyan probate proceedings, organised to match the format expected by High Court Probate Registrars and compatible with the estate accounts filing requirements under Cap. 160. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

An Estate Inventory is required in Kenya in any probate or administration proceeding before the High Court. The document must be prepared at the outset of the administration process, as it forms the basis on which the grant of probate or letters of administration is issued, the estate accounts are prepared, and the final distribution is calculated.

Specific circumstances that require an Estate Inventory include: where the deceased left immovable property registered in their sole name that must be transferred to a beneficiary or sold; where the estate includes bank accounts that must be collected and paid into the estate account; where the deceased held shares or securities that need to be transferred or realised; where a beneficiary or creditor applies to the court under s.83 of the Law of Succession Act for disclosure of the estate's assets; and where the estate is subject to Capital Gains Tax assessment by the Kenya Revenue Authority, which uses the inventory as the basis for computing the tax payable on the disposal of estate assets.

An inventory is also needed when a claim is made against the estate by a spouse, child, or dependant under s.26 or s.35 of the Law of Succession Act, as the court must know the full extent of the estate before it can make provision orders. Where the deceased was a director or shareholder of a company, the inventory must capture the value of the business interest for the purposes of determining the estate's share value and any obligations under a shareholders' agreement or articles of association.

Practical experience in Kenyan estate administration shows that preparing a thorough inventory at the earliest possible stage significantly accelerates the administration process, reduces disputes between beneficiaries, and minimises the risk of assets being overlooked or dissipated before the grant is obtained. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

A valid Estate Inventory under the Law of Succession Act Cap. 160 in Kenya must thoroughly document the following categories of assets and liabilities.

Deceased's Identifying Information. Full name, national identification number or passport number, Kenya Revenue Authority Personal Identification Number (KRA PIN), date of birth, date of death, last residential address, and the High Court probate cause number (once assigned by the Probate Registrar).

Immovable Property. A schedule of all land and buildings owned by the deceased, including: title number or land reference number as registered at the relevant Lands Registry under the Land Registration Act No. 3 of 2012; property type (freehold, leasehold, or sectional property); physical address; estimated market value at the date of death (ideally supported by a valuation report from a registered valuer approved by the Institution of Surveyors of Kenya); any encumbrances registered against the title such as charges, cautions, or easements; and whether the property was held solely, jointly, or as a tenant in common.

Motor Vehicles. Make, model, year of manufacture, registration number, and chassis number for each vehicle, together with the estimated market value and any outstanding hire purchase or lease obligations under a financing agreement.

Bank Accounts and Financial Instruments. Name of bank, branch, account number, account type, and balance at the date of death for each bank account, fixed deposit, or money market fund. Treasury Bills and bonds held with the Central Bank of Kenya, mobile money balances held in M-Pesa or other mobile wallets regulated by the Central Bank, and any foreign currency accounts must also be disclosed.

Shares and Securities. Company name, number of shares, Central Depository and Settlement Corporation (CDSC) account reference, and market value at the date of death for each holding on the Nairobi Securities Exchange or any other regulated market. For unlisted company shares, a valuation supported by the company's audited accounts is required.

Life Insurance Policies. Insurer name, policy number, sum assured, and whether the policy has a named beneficiary. Where the policy has a named beneficiary, the proceeds may not form part of the estate — this must be confirmed with the insurer.

Business Interests. Name, registration number, and nature of any sole proprietorship, partnership interest, or company directorship, together with the deceased's proportionate share value based on the most recent audited accounts or management accounts.

Household Effects and Personal Property. A schedule of furniture, electronics, jewellery, artwork, and other personal effects, with estimated values. An independent valuation is recommended for items of significant value.

Receivables. Loans owed to the deceased, rent arrears, insurance claims, and any other amounts due to the estate at the date of death.

Liabilities. Charges and mortgages over land (with the amount outstanding and the name of the chargee), unsecured loans, credit card balances, trade debts, KRA tax assessments, NSSF and NHIF arrears, and any court judgments outstanding against the deceased.

Declaration. A sworn declaration by the personal representative before a Commissioner for Oaths confirming the accuracy and completeness of the inventory, as required under the Oaths and Statutory Declarations Act Cap. 15.

Forms-legal.com provides a tabular Estate Inventory template that covers each of these categories in the format accepted by Kenyan Probate Registrars, with guidance notes for valuing each asset class. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 2 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.

Under the Law of Succession Act (Cap. 160), the High Court of Kenya has jurisdiction over probate and administration. Section 5 of the Law of Succession Act sets formal requirements for wills. The Powers of Attorney Act (Cap. 56) governs appointment of attorneys. The Public Trustee (established under the Public Trustee Act Cap. 168) administers small estates. The Stamp Duty Act (Cap. 480) applies to certain estate instruments.