Many families treat the confirmation of grant as the finish line. It is the point where the work at the land registry can begin. The court has decided who the beneficiaries are and what share each one gets. The land, though, is still registered to the person who died, and it stays that way until the administrator lodges a transfer to the beneficiaries and the Registrar registers it.
So what happens after confirmation of grant in Kenya is a registry process. The administrator signs a transfer to each beneficiary in the prescribed form, attaches certified copies of the grant and the certificate of confirmation, the title, and clearance certificates, and lodges it at the land registry. If the land is to be split into separate plots, a subdivision has to happen first or alongside. And the law gives the administrator a deadline.
What happens after confirmation of grant: the six-month deadline
Section 83(g) of the Law of Succession Act requires personal representatives to complete the administration of the estate within six months of confirmation, or any longer period the court allows, and to file an account of the completed administration with the court.
Section 76 lets the court revoke a grant if the administrator fails, without reasonable cause, to proceed diligently with the administration. This is often the lever a beneficiary abroad needs. If the land has sat in a parent's name for years after confirmation, a letter from an advocate reminding the administrator of section 83(g) is a sensible first step before any court application.
Before you lodge anything
Get the certificate of confirmation and read it closely. When a grant is confirmed in an intestate estate, section 71 says it must specify every person beneficially entitled and their shares. Check:
- that every parcel is listed with the correct title number
- that each beneficiary's name matches their ID exactly
- whether shares are stated as acreage, as fractions, or as a whole parcel to one person
If a name is misspelt or a description is wrong, section 74 allows the court to rectify errors in names and descriptions. Fix it now. A mismatch between the transfer form and the certificate can hold up registration.
Then run an official search on each parcel. You want to know that nothing has been registered against the land since the death, such as a caution or a charge.
The registry steps for transmission of land in Kenya
The Land Registration Act and the Land Registration (General) Regulations 2017 set out the route. Regulation 55 confirms the starting point: no transfer of a deceased proprietor's land is registered until the grant has been confirmed.
- Optional: register the administrator. Section 61(1) allows a personal representative to be registered as proprietor "as administrator of the estate of" the deceased, using Form LRA 39. This is useful where the land will be held for a while, for example while minors grow up.
- Transfer to each beneficiary. Under section 61(2), once the grant is confirmed the Registrar can register a transfer by the personal representative directly, without registering the administrator first. Regulation 57 prescribes Form LRA 42 for a transfer to a beneficiary.
- Attach the documents regulation 57 lists. A copy of the grant, certified by the court. A copy of the certificate of confirmation, certified by the court. The title or certificate of lease. A land rent clearance certificate, where the land is leasehold. A land rates clearance certificate. The head lessor's consent, where applicable. Any other consent required.
- Lodge, pay and collect. The registry registers the transfer and issues a new title in the beneficiary's name.
If the estate is selling land to an outside buyer instead, the transfer is in Form LRA 43 under regulation 58, with a similar set of documents. Section 82 of the Law of Succession Act says no immovable property may be sold before confirmation. After confirmation, a sale is allowed.
When the land has to be split among heirs
If the certificate gives three siblings a third each of one parcel, there are two options.
- Register them together as tenants in common, each with their stated share. This is quicker. Each sibling owns an undivided share, and any later partition or sale needs the others involved.
- Subdivide first, then transfer each new plot. This gives each heir a separate title. It needs a surveyor, county approval of the subdivision, a registered mutation and an application to the Registrar under regulation 43.
For agricultural land in a land control area, the Land Control Act matters here. Section 6(3) says transmission by will or intestacy does not need Land Control Board consent, unless the transmission would result in the land being divided into two or more parcels under separate titles. So a simple transfer to one heir does not need the board. Splitting the land among heirs does.
Stamp duty on transmission
A sale of land attracts ad valorem stamp duty on its value. A transfer from an administrator to a beneficiary is not a sale. Section 52 of the Stamp Duty Act charges gifts as if they were sales, but section 52(6) takes a transfer made to a beneficiary by a trustee or other person in a fiduciary capacity out of that rule.
In practice, the registry and the stamp duty office will assess the specific transfer. Ask your advocate to confirm with the land office what will be charged before you lodge, and get it in writing.
Doing this from abroad
The beneficiary does not need to be present for most of this. The administrator signs the transfer. What the beneficiary can do from abroad:
- Ask the administrator, in writing, for a timeline for lodging the transfers.
- Pay for your own search on the parcel and keep a copy.
- Send certified copies of your ID or passport and your KRA PIN in good time, so your name and details on the transfer are right.
- If you must sign anything, sign before a notary where you live and ask your advocate in Kenya what certification the registry will accept.
- Follow up on the new title. Ask for a scan when it is issued, and arrange for the original to go to your advocate, not to a relative's drawer.
Questions people ask
How long does it take after confirmation of grant to get a title deed? The Act expects the administration to be complete within six months of confirmation unless the court allows longer. The registry time depends on the office and on whether a subdivision is needed.
Can the administrator refuse to transfer my share? The administrator's duty under section 83 is to distribute the estate according to the confirmed grant. If they do not, a beneficiary can apply to court, including for revocation under section 76.
What is a certificate of confirmation of grant in Kenya? It is the court document that confirms the grant and sets out each beneficiary and their share. The registry relies on it to know who should get what.
Do we need Land Control Board consent after confirmation? For agricultural land in a land control area, only if the land is being divided into separate titles. A transmission to one person does not need it.
One question this article cannot answer is what happens when a beneficiary has since died too. That opens a second estate and needs its own advice.
Where Karibu fits
Karibu checks title records, so you can see whether inherited land is still in a parent's name and whether anything has been registered against it. If the family decides to sell a portion, Karibu also shows asking prices by area. You can book a call with the team to talk through what to check.
Write to the administrator this week and ask for the date the transfers will be lodged.
Sources: Law of Succession Act, sections 71, 74, 76, 82 and 83. Land Registration Act 2012, section 61. Land Registration (General) Regulations 2017, regulations 43, 55, 56, 57 and 58. Land Control Act, section 6. Stamp Duty Act, section 52. This article is general information, not legal advice. Speak to an advocate about your situation.