23/05/2026
When a landowner passes away, the family cannot simply split or take over the land automatically you must go through a legal process called Succession (Probate) to officially transfer the land into the beneficiaries' names.
Do You Need a Will?
No, you do not need a will to inherit land, but having one makes the process much faster.
Here is how the law treats both situations:
With a Will (Testate Succession): The person named as the "executor" in the will applies to the court for a Grant of Probate. This document gives them the legal authority to distribute the land exactly as your father wished.
Without a Will (Intestate Succession): The family must hold a meeting and agree on who will manage the estate (usually the spouse or adult children).
These chosen people apply to the court for Letters of Administration, and the land will be shared equally among the legal dependants according to the Law of Succession Act.
The Step-by-Step Succession Process
1. Obtain a Death Certificate: File for this official document through the local administration.
2. File a Court Case: Submit your succession petition at the High Court (or Magistrates' Court for smaller estates) to get temporary management rights.
3. Confirmation of Grant: After 6 months, apply to confirm the grant. This is when the court gives the final order on how the land will be shared.
4. Registry Transfer: Take the final court order to your local Land Registry (or ArdhiSasa portal) to officially remove your father's name and register the new owners.
