When a person passes away without leaving a valid will (intestate), the succession and inheritance of their property is governed by the Laws of Succession Act, Chapter 160 of the Laws of Kenya. Before the estate is distributed, the deceased's debts and liabilities must be settled from the estate. If disputes arise during the succession process, the court will intervene to resolve the disputes and ensure a fair distribution of the estate. The court may appoint an administrator to oversee the distribution of the deceased's estate.

When a person in Kenya passes on without a will, their property is inherited according to intestate succession laws as outlined in the Law of Succession Act (Cap. 160). The Act specifies a hierarchy of heirs as shown below:
1. Surviving spouse and children
2. Parents
3. Siblings and half-siblings
4. Grandparents
5. Uncles, aunts, cousins, and other relatives up to the sixth degree
6. The state

If the deceased is survived by a spouse and children, the spouse will receive the personal and household effects of the deceased, and a one-third share of the remaining estate. The children will receive the remaining two-thirds of the estate in equal shares.

If the deceased is not survived by a spouse or children, their parents will inherit the estate. If the deceased is not survived by parents, their siblings and half-siblings will inherit the estate. If the deceased is not survived by siblings or half-siblings, their grandparents will inherit the estate.

If there are no living relatives, the property escheats to the state.

Most people die with their property not distributed in a will. This is known as intestate succession or intestacy. The rules to be followed in such event are provided for under the law of Succession Act(LSA)Cap 160.The rules of intestacy provide for distribution of the estate to any surviving spouse(s)and children first and if none, then to the next of kin. Section 36 to 40 of the LSA sets out how the estate of an intestate is to be distributed to the spouse and children in different scenarios such as;
I .Where there is spouse and children
II. Where there is no surviving spouse but there are children.
III. Where there is a surviving spouse but there are no children.
IV. Where there is no surviving spouse or children
Rights of other relatives and dependents comes in when intestate leaves behind no surviving children or spouse, if they make an application for provisions as dependents.
In a case of polygamy, the personal and household effects of the deceased and the residue of the estate is distributed according to the houses. Houses refer to each of the children together with their mother. The provisions apply where the deceased was legally married in a system of law that recognizes polygamy. If a dispute arise during the succession process, the court will intervene to resolve the disputes and ensure a fair distribution of the estate.