How to Secure Probate and Protect Your Family Assets
Introduction
Securing your property dreams doesn’t end with acquiring real estate or building wealth—it continues with protecting those assets and ensuring your loved ones can access them when you’re gone. Many families in Nigeria lose homes, land, and money simply because the deceased left no Will, or the family didn’t understand how to obtain probate and legally manage the estate. Probate is the gateway to asset protection and intergenerational wealth transfer, yet it remains misunderstood or neglected.
At Chaman Law Firm, we’ve guided individuals, families, and business owners through the legal maze of estate planning and probate across Nigeria. In this comprehensive guide, you’ll discover everything you need to know about probate in Nigeria—how to secure it, why it matters, and how to use it to protect your family assets and legacy.
What Is Probate?
Probate is the legal process of validating a deceased person’s Will (if one exists), identifying their assets, paying debts, and distributing the remaining estate to beneficiaries. If there is no Will, the process is still required—only this time, the court will appoint an administrator to manage the estate.
Whether there is a Will (testate) or no Will (intestate), probate is essential. Without it, banks won’t release funds, government agencies won’t recognize heirs, and legal disputes can stall inheritance for years.
Why Probate Is So Important in Nigeria
Many people assume that having a Will is enough, but a Will has no legal effect until it is probated. Probate:
- Grants legal authority to the executor to manage the estate
- Helps prevent fraud and impersonation
- Protects family assets from external claims
- Provides access to bank accounts, pension, shares, etc.
- Ensures proper transfer of property title
- Resolves ownership disputes
- Prevents multiple sales or unauthorized use of property
In Nigeria, many families have suffered enormous loss simply because they failed to secure probate after the death of a loved one.
Types of Probate in Nigeria
There are two primary pathways:
- Grant of Probate – Applicable where the deceased left a valid Will.
- Letters of Administration – Applicable where the deceased died intestate (without a Will).
Both are issued by the Probate Registry of the High Court in the state where the deceased lived or had property.
Who Can Apply for Probate?
- The Executor(s) named in the Will
- The Next of Kin of the deceased
- A beneficiary under the Will
- A court-appointed administrator in intestate cases
In cases of intestacy, priority is usually given to the surviving spouse, children, or close blood relatives.
The Legal Framework for Probate in Nigeria
Probate procedures in Nigeria are governed by:
- Administration of Estates Law (state-specific)
- Probate Rules of Court
- Wills Laws of the relevant state
- High Court Civil Procedure Rules
- Land Use Act (as it relates to property transfer)
- Trust and Property Laws
- Relevant customary or Sharia laws (depending on the region)
Each state may have slight variations in probate procedure, so always consult with a probate lawyer.
Step-by-Step Process for Securing Probate in Nigeria
A. Where There Is a Will (Grant of Probate)
- Locate the Will – Usually held by the lawyer or kept with family.
- Read the Will – Identify the executors and beneficiaries.
- Apply at Probate Registry – Complete application forms.
- Submit Required Documents – Will, death certificate, passport photos, means of ID.
- Publish Notice of Application – In Gazette and newspapers for 21–28 days.
- Wait for Objections (Caveats) – Anyone who contests the Will can file a caveat.
- Estate Valuation – Registry assesses estate and applicable fees.
- Pay Probate Fees – Based on estate value (between 2%-10%).
- Grant of Probate is Issued – Legal right to administer the estate.
B. Where There Is No Will (Letters of Administration)
- Identify Next of Kin – Usually spouse, children, or siblings.
- Apply at Probate Registry – Fill forms for Letters of Administration.
- Submit Affidavit and Inventory of Assets
- Provide Two Sureties – Individuals who will guarantee you act in good faith.
- Publication in Gazette/Newspaper
- Wait for Objections
- Pay Estate Fees and Dues
- Letters of Administration Are Granted
Documents Required for Probate Application
- Death Certificate
- Original Will (for probate cases)
- Valid ID of applicant(s)
- Passport photographs
- Inventory of deceased’s assets
- Affidavit of Next of Kin
- Sureties’ documents (if intestate)
- Valuation reports (property, bank accounts, shares)
- Receipt of publication
- Legal search report
Probate Fees in Nigeria
Probate fees vary by state and estate value. They may include:
- Estate duty (a percentage of estate value)
- Filing fees
- Newspaper publication charges
- Legal fees
- Stamp duty
- Valuation costs
For large estates, the fees can be substantial. However, an experienced lawyer can help minimize cost and time.
Challenges and Delays in Probate Process
Some common issues include:
- Incomplete documentation
- Disagreements among beneficiaries
- Disputes over Will authenticity
- Delays at the Probate Registry
- Difficulty locating assets
- Unclear or outdated land documents
- Missing executors or deceased family members
This is why early planning and legal support is key.
Role of a Probate Lawyer
At Chaman Law Firm, our probate lawyers:
- Guide families through each legal step
- File and follow up at the Probate Registry
- Represent clients during disputes
- Conduct land and asset searches
- Prepare legal documents and affidavits
- Resolve issues with banks, pension managers, and land registries
- Perfect titles and secure your family’s legal ownership
How to Protect Family Assets Using Probate
- Create a Valid Will While Alive – Prevents family conflicts later.
- Name Trusted Executors – Preferably someone competent or your lawyer.
- Keep Asset Records – Real estate, bank accounts, shares, businesses.
- Discuss Probate Early with Your Family – Don’t keep them in the dark.
- Engage a Probate Lawyer After Death – To help secure all legal rights.
- Register All Title Documents – Prevent disputes or forgery.
- Use Trusts Where Necessary – Especially for minors or incapacitated dependents.
What If Someone Dies Without a Will?
This is called intestacy. The law decides how the estate is shared:
- Surviving spouse and children inherit first.
- If no children, it passes to parents or siblings.
- Assets may be shared per customary law or religious law, depending on family background and state law.
However, no one can claim any part of the estate until Letters of Administration are granted.
Probate and Customary Law in Nigeria
Under customary law:
- Land may be governed by ancestral family rules.
- Eldest son often assumes role of “head of family” (though this is changing).
- Widows and daughters may be excluded in some traditions—though courts now protect their rights under the Constitution.
Legal intervention is often needed to balance tradition and equity.
Probate in Islamic Law Jurisdictions
In Northern Nigeria:
- Inheritance follows Sharia law (Islamic Personal Law).
- Estate is divided according to fixed Quranic proportions.
- Probate is still required to give legal effect to the division.
- Only qualified Islamic legal practitioners should handle these matters.
Probate and Real Estate Transfer
Real estate is the most valuable asset in most estates. To take legal ownership after a relative’s death:
- Obtain probate or letters of administration
- Register the Deed of Assent at the Lands Registry
- Obtain Governor’s Consent
- Update property records into your name
Failure to complete these steps means the property still legally belongs to the deceased.
Probate and Bank Accounts
Banks require:
- Probate or letters of administration
- Death certificate
- Means of ID
- Application letter
Until these are provided, funds are frozen, and no one can legally access them.
Probate for Pension, Shares, and Business Interests
To access pension or gratuity:
- Submit probate documents to pension fund administrator
- Complete death benefit claim forms
To access company shares:
- Present court documents to Corporate Affairs Commission (CAC) or stockbrokers
- Transfer ownership through Letter of Administration or Will
What Happens Without Probate?
Without probate:
- Properties remain in the deceased’s name
- Family members may fight or lose property to fraudsters
- Government agencies may confiscate unclaimed assets
- Banks and financial institutions will reject claims
- Property disputes can take years to resolve in court
How Chaman Law Firm Can Help
We offer:
- Probate filing and processing in all 36 states
- Will drafting and registration
- Legal representation in estate disputes
- Deed of Assent and Governor’s Consent processing
- Customary and Islamic inheritance law services
- Estate planning consultation
We ensure that your property dreams are protected beyond your lifetime.
Final Thoughts: Secure Your Property Dreams Today
Every family deserves to enjoy the assets their loved ones left behind. Don’t let bureaucracy, ignorance, or legal technicalities rob your children or spouse of what rightfully belongs to them. Probate is not just a formality—it’s the bridge between death and legacy.
Plan today. Write a Will. Secure probate. Protect your family assets.
📞 Contact Us Today for Probate Support
📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com
We make probate simple, secure, and stress-free.