Probate Lawyer in Nigeria – Comprehensive Guide by Chaman Law Firm

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Probate Lawyer in Nigeria – Comprehensive Guide by Chaman Law Firm
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Probate Lawyer in Nigeria – Comprehensive Guide by Chaman Law Firm

Introduction

The loss of a loved one is a deeply emotional experience, and while families mourn, legal and administrative responsibilities surrounding the deceased’s estate often arise. These responsibilities can be daunting, especially when the estate includes assets such as land, houses, businesses, bank accounts, or investments.

This is where the expertise of a probate lawyer in Nigeria becomes indispensable. A probate lawyer assists in obtaining the necessary legal authorizations—Grant of Probate or Letters of Administration—that empower executors or administrators to manage and distribute the estate in accordance with the law. At

Chaman Law Firm, we understand the intricacies and sensitivities involved in probate matters and provide expert legal guidance to ensure that the wishes of the deceased are respected and that beneficiaries receive their rightful entitlements without unnecessary delay or conflict.

Understanding Probate in Nigeria

Probate is the judicial process through which a deceased person’s will is legally recognized, and their estate is administered accordingly. It involves validating the will, appointing executors or administrators, identifying and valuing assets, paying debts and taxes, and distributing the remaining estate to rightful beneficiaries.

There are two primary legal pathways:

  • Probate – Where there is a valid Will.

  • Letters of Administration – Where the deceased died intestate (without a valid Will).

Who Is a Probate Lawyer?

A Probate Lawyer is a legal practitioner who specializes in estate planning, probate administration, and inheritance law. Their core responsibility is to represent clients in the administration of estates of deceased persons. This includes advising executors, obtaining court approvals, resolving estate disputes, and ensuring lawful distribution of assets.

At Chaman Law Firm, our probate lawyers provide services in:

  • Drafting and filing probate applications

  • Filing Letters of Administration

  • Advising executors and administrators

  • Representing clients in estate disputes

  • Estate planning and drafting Wills

  • Trust administration

  • Title transfers and asset protection

Roles and Responsibilities of a Probate Lawyer in Nigeria

  1. Legal Advisory: Guide the family or personal representative through the probate process.

  2. Document Preparation: Draft necessary court documents such as Oath of Executors/Administrators, Inventory of Assets, and Affidavits.

  3. Court Representation: Represent clients in the Probate Registry of the relevant High Court.

  4. Asset Investigation: Help identify, locate, and assess the value of estate assets.

  5. Tax and Debt Management: Ensure payment of outstanding taxes and debts of the estate.

  6. Beneficiary Communication: Act as liaison between administrators and beneficiaries to prevent conflict.

  7. Will Interpretation: Clarify legal interpretation of clauses in the Will.

  8. Litigation Services: Handle contentious probate matters such as Will contests and inheritance disputes.

When Do You Need a Probate Lawyer?

You need a probate lawyer if:

  • The deceased left behind valuable assets or complex estates.

  • There are likely to be disagreements among family members.

  • You are an executor/administrator unsure of your legal responsibilities.

  • The estate includes property in multiple states or jurisdictions.

  • The Will is contested or there is suspicion of forgery or undue influence.

  • There is no Will at all and the estate must be administered under intestacy laws.

Probate Process in Nigeria (Where There Is a Will)

  1. Reading of the Will – Usually done in the presence of the family and legal representatives.

  2. Application for Grant of Probate – Filed at the Probate Registry of the High Court.

  3. Submission of Required Documents – Including:

    • Original Will

    • Oath of Executors

    • Inventory of Assets

    • Passport photographs

    • Death Certificate

  4. Publication in National Newspaper – For objections (21–28 days).

  5. Payment of Estate Duty – Based on estate valuation.

  6. Issuance of Grant of Probate – After clearance of objections and duties.

  7. Estate Administration Begins – Assets are distributed by executors.

Process of Letters of Administration (Where There Is No Will)

  1. Apply as Next-of-Kin – Usually spouse, children, or close relatives.

  2. Provide Supporting Documents – Such as:

    • Death Certificate

    • Means of identification

    • Passport photographs

    • Declarations of next-of-kin

    • Inventory of estate

  3. Sureties Requirement – Two sureties (with landed properties) are needed to guarantee administration.

  4. Newspaper Publication – To call for objections.

  5. Payment of Estate Duty – Based on estate size.

  6. Grant of Letters of Administration – Once approved.

  7. Distribution of Assets – In line with customary and statutory intestacy rules.

Documents Required for Probate in Nigeria

Whether applying for probate or letters of administration, the following documents are often required:

  • Death Certificate

  • Passport photographs

  • Original Will (for Probate)

  • Identity Cards of administrators

  • Marriage certificate (if spouse is the applicant)

  • Inventory of assets and liabilities

  • Bank account statements

  • Affidavit of attesting witnesses (for Wills)

  • Declaration of next of kin

  • Valuation report for landed property

  • Sworn Oath of Executor or Administrator

Common Challenges in Probate Administration

  • Family Disputes: Disagreement among heirs on asset distribution

  • Forgery or Multiple Wills: Suspicion of manipulated documents

  • Delay in Obtaining Court Approval: Bureaucracy or incomplete filings

  • Missing Assets or Documents: Difficulties in identifying estate properties

  • Non-Cooperative Beneficiaries: Obstruction or lack of agreement among heirs

  • High Probate Fees: Especially on high-value estates

  • Improper Execution of Will: Invalid Will due to lack of compliance with law

Legal Remedies Available in Probate Disputes

  1. Caveats – A formal objection lodged at the Probate Registry to delay probate grant.

  2. Action to Challenge a Will – Suit can be filed in court for revocation of the Will.

  3. Application to Revoke Letters of Administration – If fraud or misrepresentation is discovered.

  4. Order for Account – Beneficiaries may compel executors/administrators to give account.

  5. Court-Ordered Redistribution – When distribution was unfair or unlawful.

Probate Fees and Charges in Nigeria

Probate charges vary across states and are often calculated based on the value of the estate. These may include:

  • Application Fees

  • Estate Valuation Fees

  • Oath Fees

  • Newspaper Publication Charges

  • Legal Representation Fees

  • Surety Bond Costs (for intestate estates)

  • Capital Gains Tax (if applicable)

Note: Chaman Law Firm provides flexible, transparent, and competitive probate legal services with fixed-rate options in certain cases.

Why Choose Chaman Law Firm as Your Probate Lawyer

At Chaman Law Firm, we distinguish ourselves through:

  • Expertise in estate law, inheritance disputes, and court proceedings

  • Prompt Filing and Follow-Up to reduce delays at the probate registry

  • Professionalism and Confidentiality in handling sensitive family matters

  • Client-Centric Solutions tailored to unique family and estate dynamics

  • Digital Compliance with probate registry e-filing where applicable

  • Nationwide Reach across Lagos, Ogun, Abuja, Port Harcourt, and other states

We also assist Nigerians in the diaspora seeking to manage or claim family estates in Nigeria.

Frequently Asked Questions About Probate in Nigeria

Q: What happens if there is no Will?
A: The next of kin can apply for Letters of Administration under intestate succession rules.

Q: How long does probate take in Nigeria?
A: On average, 3–6 months with a valid Will; longer if contested or intestate.

Q: Can probate be done without a lawyer?
A: Legally, yes. But due to complexity and technicalities, a lawyer is highly recommended.

Q: Can an executor also be a beneficiary?
A: Yes. It is common for executors to also benefit under the Will.

Q: What if there are multiple Wills?
A: The most recent Will executed in compliance with legal formalities prevails.

Final Thoughts

Probate law in Nigeria is a technical yet crucial area of legal practice, one that affects almost every family at some point. Whether you are a grieving spouse, child, or family member, navigating the probate system alone can be overwhelming. From obtaining court approvals to resolving complex estate issues, the guidance of a probate lawyer is invaluable.

At Chaman Law Firm, we offer compassionate, professional, and result-oriented probate legal services. We serve both local and international clients with the highest level of integrity, ensuring that the wishes of the deceased are honoured and that the estate is distributed in accordance with the law.

Call to Action

Need help with probate matters or estate administration?
Speak to a trusted legal expert at Chaman Law Firm today.

📍 Chaman Law Firm
115, Obafemi Awolowo Way, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com

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