Where no will was made, the following are entitled to benefit from the property of the deceased.

• Where the deceased died leaving behind a customary heir, a wife, a lineal descendant and a dependant relative.
• Customary heir is entitled to 1%
• Widow/widower is entitled to 15%
• Children of the deceased entitled to 75%
• Dependent relatives are entitled to 9%

Note: The administrator or an executor must file a list of all assets of the deceased in court within six months from the grant of probate or letters of administration, (inventory) and an account of how the properties have been used or distributed within one year of receiving the authority and he /she is expected to have performed his or her duties by the end of 12 months unless he requests court to grant him more time.

The law of succession involves the management of the property of a deceased person. There are two ways to deal with a deceased person’s property depending on whether at death they had left a will or not.

The authority given to an executor/executrix (a person named in the will to distribute the property) is called a grant of probate

The authority given to an administrator (person given authority to distribute the property of a person who died without a will) is called letters of administration.

• An application for a grant of probate is made in the form of a petition in English and the will must be attached to the application and lodged in a magistrate court where the deceased had permanent residence.
• Where the will is written in a language other than English, an English translation must be attached to the application.
• The application must be verified by at least one of the witnesses to the will.
• The applicant must attach the following;
• Death certificate
• LC letter confirming the death of the person who made the will
• Copy of the will. 

The petition must state the following;

• Date of the person who made the will died
• That the will was his/her last will
• List of all the property left by the deceased and their value in monetary terms
• List of dependent relatives
• State that the person applying for the grant of probate is the executor named in the will
• A declaration of compliance that the requirements of the law and payment of estate duty have been complied with.