When a person dies, they often leave behind property, money, debts, and sometimes legal disputes. The administration of estates refers to the legal process of managing and distributing the assets of a deceased person. The administration of a deceased person’s estate in Nigeria, whether they have left a will or not, involves various legal procedures.
In Nigeria, this process is governed by a mix of statutory laws and customary laws, depending on the circumstances of the deceased and their family background. The understanding of these laws is important for lawyers, beneficiaries, executors, and those who wish to plan their estates or resolve inheritance-related issues.
This article provides an overview of the legal framework governing estate administration in Nigeria.
The Administration of Estates in Nigeria
Estate administration in Nigeria operates under two main categories: Testate Succession and Intestate Succession.
- Testate Succession (Estate with a Will)
When a person dies leaving a valid will, the named executor (or any other qualified person) must apply to the Probate Registry for a Grant of Probate. This is a formal court order that gives the executor legal authority to manage and distribute the estate according to the wishes expressed in the will.
- Intestate Succession (Estate without a Will)
In cases where the deceased dies without a will, the law deems the person to have died intestate. The estate is then administered by individuals who are entitled under the law, usually the next of kin. These individuals must apply for Letters of Administration from the Probate Registry to empower them to lawfully manage and distribute the estate.
Once granted, the individuals named in the Letter of Administration are empowered to validly administer, manage, and distribute the assets and liabilities of the estate. In practice, disputes frequently arise concerning who has the right to apply for the Letter of Administration, particularly in situations involving the deceased’s surviving spouse and other family members.
To mitigate such disputes, the applicable rules of court provide a structured and hierarchical order of priority for determining those eligible to apply. The recognized order of priority includes the following categories:
- The surviving spouse of the deceased.
- The surviving children of the deceased who are 21 years or older
- The parents of the deceased.
- Siblings of the deceased
- Half-siblings of the deceased
- Grandparents of the deceased
- Uncles and aunts of the deceased
- Administrator General.
Furthermore, Letters of Administration cannot be granted to more than four persons in relation to the same estate. If any of the original administrators die, are discharged, or are removed by a court order, the court may issue Letters of Administration de bonis non to appoint new administrators to complete the administration of the estate.
Legal Framework for Estate Administration in Nigeria
The Administration of Estates Laws in each Nigerian state govern how the property of a person who has died is managed and shared. These laws help decide who can inherit and who can take charge of the deceased person’s property.
To get legal permission to manage the estate through a grant of probate or letters of administration, the process must follow the High Court (Civil Procedure) Rules of each state and the Federal Capital Territory (FCT). These rules make sure the process is orderly and approved by the court.
For instance, under Lagos State’s Administration of Estates Law, a surviving spouse has priority in applying for letters of administration if the deceased died intestate. The applicant must submit documents such as the death certificate, inventory of assets, affidavit of next of kin, and two sureties to guarantee proper estate administration. These are filed through the Probate Registry of the Lagos State High Court. If the application is in order and no objections are raised, the grant will be issued, conferring legal authority on the applicant.
In Enugu State, while the general process is similar, there may be differences in the forms required or the steps for publishing notices in newspapers or gazettes, particularly in intestacy cases. Likewise, in Rivers State, probate fees may be calculated differently, and the court may impose different requirements for verifying the status of beneficiaries, especially in customary intestate succession matters.
In practice, legal practitioners and family members must examine the specific state law and procedural rules applicable to the jurisdiction where the deceased resided or where their principal assets are located. This is important, especially in estates involving multiple jurisdictions.
Procedure for Grant of Letters of Administration
The process of obtaining Letters of Administration in Nigeria is guided by legal procedures handled by the Probate Registry of the State High Court. The process involves:
1. Completion of Application Forms
Applicants are required to collect and complete a set of official probate forms, which usually include:
- Bank Certificate confirming account balances of the deceased
- Application for Letters of Administration (Without Will)
- Oath for Administration (Without Will)
- Administration Bond guaranteeing proper management of the estate
- Declaration of Next of Kin Form
- Inventory of Assets
- Schedule of Debts and Funeral Expenses, and
- Particulars of Freehold or Leasehold Properties owned by the deceased.
2. Valuation and Assessment
Once the forms are properly filled and submitted, the estate’s assets are valued based on the information provided. The Probate Registry prepares an assessment sheet representing the probate or estate fees payable. These fees are calculated as a percentage of the estate’s total value and must be paid before further steps are taken.
3. Public Notice / Publication
Before the fees are paid and the Letters of Administration granted, a 21-day public notice (also called a gazette notice) must be made in a national daily newspaper and in the Local Government Area where the deceased lived.
The goal of this publication is to inform the public and give anyone with a legal interest in the estate a chance to oppose the application, if necessary.
4. Caveat (Objection)
During the 21-day publication period, any member of the public, including potential beneficiaries or creditors, may file a caveat (legal objection) to challenge the application. If an objection is filed and the claim appears valid, the matter is referred to the High Court for resolution before the process can continue. If no caveat is filed after 21 days, the application proceeds to the next stage.
5. Approval by the Chief Judge
After the waiting period and in the absence of any opposition, the file is forwarded to the Chief Judge of the State High Court. If satisfied with the application, the Chief Judge signs an order of approval authorizing the issuance of the Letters of Administration.
6. Issuance of Letters of Administration
Following the approval, the Probate Registry prepares the official Letters of Administration signed by the Probate Registrar and released to the approved administrators. With these documents, the administrators now have the legal power to manage, distribute, or dispose of the estate in accordance with the law.
Conclusion
In conclusion, the administration of estates in Nigeria ensures the proper management and distribution of a deceased person’s assets. It also safeguards the interests of beneficiaries and the public. The grant of probate or letters of administration empowers only qualified individuals to take charge of a deceased estate, subject to the supervision of the Probate Registry.
This ensures that the estate is administered by those with a genuine interest and capacity to do so responsibly. With the letter of administration, the administrators can manage, sell, lease, or distribute the estate according to the law or the expressed wishes of the deceased.
By Resolution Law Firm Team
Email: info@resolutionlawng.com
