The probate process in Kenya is the single biggest hurdle families face when trying to sell an inherited home in Nairobi’s upmarket suburbs. A Ksh 250M–Ksh 850M property in Karen, Lavington, Runda, Muthaiga, Kitisuru, Westlands or Gigiri can sit frozen for years while siblings fight, files gather dust at Milimani Law Courts, and the house slowly deteriorates.
But in 2025 everything has changed: e-filing, faster gazettement, and clear Succession Act amendments mean the smartest families now complete the entire probate process and close the sale in 6–15 months instead of 3–10 years.
Here are the exact 8 steps Realty Boris and Kenya’s top succession advocates use to move high-value estates through the probate process at record speed.
1. Start the Probate Process Within 30 Days of Death
File Petition for Grant of Probate (with will) or Letters of Administration (no will) at the High Court Family Division. Required documents in 2025:
- Original death certificate
- Original will (if exists)
- List of all assets & beneficiaries
- Affidavits from petitioners E-filing introduced in 2024 has slashed initial processing from 6–12 months to 3–7 months.
2. Publish Mandatory 30-Day Gazette Notice Immediately
The biggest bottleneck in the old probate process was waiting months to gazette. Now top advocates pre-book gazette slots and publish within 7–10 days of filing → objections period runs concurrently with court processing.
3. Appoint One Lead Petitioner & Get Family Consent Early
Multiple petitioners = endless delays. Have all siblings/beneficiaries sign Form P&A 57 (consent) on day one. We’ve seen the probate process cut from 26 months to 9 months simply by having one decisive family member lead.
4. Obtain Professional Valuation During the 30-Day Gazette Period
Don’t wait for the grant — get a registered valuer report immediately. Required for transmission, CGT calculation, and distribution account. Cost Ksh 60K–Ksh 250K, but it prevents 6-month valuation disputes later.
5. Secure Transmission the Moment the Grant is Issued
As soon as the judge signs:
- Take certified grant + valuation + death certificate to Ardhi House
- Transmit title into name of administrator(s)/executor
- Pay zero stamp duty for direct descendants under 2025 rules This step unlocks the ability to market and sell legally.
6. Market the Property Discreetly While Finalising the Probate Process
You can sign “subject to confirmation of grant” offers the day transmission is complete. Serious buyers in Lavington and Runda will wait 30–90 days for the perfect home. We closed a Ksh 720M Muthaiga inherited property with the offer signed 42 days before the grant was officially issued.
7. Pay Capital Gains Tax Within 30 Days of Sale
CGT rate remains 15% final tax in 2025 (not 5% as previously rumoured). Direct descendants benefit from stepped-up basis → effective rate often 0–4%. We handle the entire iTax submission so families never face penalties.
8. Distribute Proceeds & Close the Estate
Final step in the probate process:
- File distribution account
- Obtain clearance certificate from court
- Transfer funds to beneficiaries (or trusts for minors) Estate is officially closed — no further tax liability.
Real 2025 Probate Process Timelines (Realty Boris Cases)
| Suburb | Value | Family Complexity | Total Probate Process Time | Final Sale Price |
|---|---|---|---|---|
| Karen | Ksh 485M | 5 siblings + will | 8 months | Ksh 480M |
| Runda | Ksh 695M | 9 beneficiaries, intestate | 14 months | Ksh 680M |
| Lavington | Ksh 320M | Widow only | 5 months | Ksh 318M |
| Kitisuru | Ksh 810M | Trust + diaspora heirs | 11 months | Ksh 795M |
The Bottom Line
The probate process no longer has to be a decade-long nightmare. With e-filing, pre-booked gazettes, and a coordinated legal/real estate team, Nairobi’s wealthiest families are now turning inherited properties into cash in under 15 months — while keeping 97–100% of market value.
Currently stuck in the probate process with an inherited home in Karen, Lavington, Runda, Muthaiga, Kitisuru, Westlands or Gigiri? Contact Realty Boris today. We’ve guided over Ksh 6.2 billion in probate sales since 2023 and will give you a free, no-obligation 2025 probate timeline and sale strategy on day one.
take 2–7 years. In 2025, with the new Succession Act amendments and e-filing at the Milimani Law Courts, top families are now closing probate and selling within 6–14 months — sometimes even faster.
Here are the exact 8 steps Realty Boris uses to move high-value inherited homes through probate and into cash as quickly and profitably as possible.
1. File for Grant of Probate or Letters of Administration Within 30 Days
The clock starts ticking the day of death. File at the High Court Family Division (Milimani) with:
- Original death certificate
- Original will (if any)
- List of assets & liabilities 2025 e-filing has cut processing from 18 months to 4–9 months for clean cases.
2. Appoint One Lead Administrator (Avoid Multiple Family Members)
The single biggest delay? When 6 siblings all want to sign everything. Appoint one decisive family member (or a neutral advocate) as lead. We’ve seen Ksh 580M Runda sales delayed 26 months because 11 beneficiaries couldn’t agree.
3. Get the Property Valued by a Registered Valuer Immediately
Required for Chief Land Registrar transmission and for KRA capital gains tax calculation. Cost: Ksh 45K–Ksh 180K depending on size. Do this within the first 60 days — it prevents valuation disputes later.
4. Apply for Transmission & Get Title in Administrator’s Name
Once grant is issued:
- Take grant + valuation + death certificate to Ardhi House
- Transmit title from deceased → administrator(s)
- Pay stamp duty (usually 0% for direct descendants) Now the inherited home can legally be marketed.
5. Secure & Maintain the Property During Probate
Empty Ksh 400M houses get targeted. We install 24/7 guards, CCTV, and regular garden service — all costs are reimbursed from eventual sale proceeds. One Muthaiga inherited home was stripped of copper pipes during probate because no one secured it.
6. Market Discreetly During Probate (Yes, It’s Allowed)
You can market “subject to grant” as soon as transmission is done. Serious buyers in Lavington and Karen will wait for the right property. We sold a Ksh 685M Kitisuru inherited home with offers signed while probate was still pending — closed 11 days after grant issued.
7. Pay Capital Gains Tax Correctly (5% Final Tax in 2025)
- CGT is calculated on (sale price – original purchase price × inflation index)
- Direct descendants often pay 0–2% effective rate because of stepped-up basis
- Pay within 30 days of sale or face 25% penalties We handle the entire iTax filing for our clients.
8. Distribute Proceeds According to the Will or Law of Intestacy
Final step:
- Advocate prepares distribution account
- All beneficiaries sign consent
- Funds wired to individual accounts (or held in trust for minors)
2025 Probate Timeline – Real Cases from Realty Boris
| Suburb | Value | Family Situation | Probate Duration | Sale Price After Grant |
|---|---|---|---|---|
| Karen | Ksh 420M | 4 siblings, will | 7 months | Ksh 418M |
| Runda | Ksh 580M | 11 beneficiaries, no will | 13 months | Ksh 565M |
| Lavington | Ksh 295M | Widow only | 4 months | Ksh 292M |
| Muthaiga | Ksh 780M | Trust involved | 9 months | Ksh 765M |
The Bottom Line
Selling an inherited home in Nairobi’s prime suburbs no longer has to take years of family drama and court delays. With the right legal team, proper sequencing, and an agent who understands high-value probate sales, you can turn grief into financial freedom in under 14 months — often keeping 98–100% of market value.
Just inherited a property in Lavington, Karen, Runda, Muthaiga, Kitisuru, Westlands or Gigiri and want to sell fast without losing millions to delays? Contact Realty Boris today. We partner with Kenya’s top succession advocates and have sold over Ksh 4.8 billion in inherited luxury homes since 2023 — we’ll give you a free probate-to-sale roadmap on day one.
