How to Get Grant of Probate in Nigeria Without Delay – Legal Expert Breakdown
Introduction
The loss of a loved one is emotionally overwhelming, and having to deal with the legal processes that follow can be even more burdensome—especially when it involves accessing the deceased’s estate. One of the most critical steps in this journey is obtaining a Grant of Probate, a legal document that authorizes the executors named in a Will to lawfully manage and distribute the estate of the deceased. In Nigeria, this process is often associated with unnecessary delays, administrative bottlenecks, and costly mistakes—leading to frustration for the bereaved family. However, these delays are not inevitable. With the right legal guidance and expert procedural knowledge, it is possible to fast-track the process and obtain the Grant of Probate without unnecessary setbacks. This article offers a detailed, step-by-step breakdown from legal experts on how to secure a Grant of Probate in Nigeria without delay. Whether you’re an executor, a legal heir, or a family member navigating probate for the first time, this guide will empower you with the knowledge needed to avoid delays and complete the process efficiently.
Understanding the Grant of Probate
A Grant of Probate is the legal authorization issued by a Probate Registry of a High Court in Nigeria that gives the executor(s) named in a deceased person’s Will the right to administer the estate. It confirms that the Will is valid and that the executors are empowered to:
Collect, manage, and distribute assets,
Pay debts and taxes owed by the estate,
Represent the estate in legal matters.
Without this grant, executors have no legal standing to act on behalf of the deceased’s estate.
Key Legal Framework Governing Probate in Nigeria
Several laws and rules guide the probate process, including:
The Administration of Estates Law (of each state),
The Wills Law (particularly in Lagos and Ogun States),
The Probate Practice Rules,
High Court Civil Procedure Rules, and
Personal Income Tax Act (in relation to estate duties).
Understanding these laws is crucial to avoiding errors that could delay the grant.
Who Can Apply for a Grant of Probate?
Only the executor(s) named in the Will of the deceased can apply for the Grant of Probate. If the named executor is deceased, unwilling, or unavailable, an alternative arrangement must be made, such as:
Appointing substitute executors (if named),
Applying for Letters of Administration with Will annexed (if no executor is willing/able).
The application should be made in the High Court of the state where the deceased was domiciled at the time of death.
Common Causes of Delay in Probate Applications
To avoid delays, it’s important to know what causes them:
Incomplete documentation,
Submission of a photocopy instead of the original Will,
Filing in the wrong jurisdiction,
Incorrect valuation of assets,
Disputes among family members,
Delays in paying estate duties,
Failure to provide qualified sureties (if necessary).
Understanding and proactively addressing these issues can dramatically shorten the time it takes to obtain probate.
Step-by-Step Procedure to Get a Grant of Probate Without Delay
Step 1: Locate and Secure the Original Will
You must obtain the original Will—not a scanned copy—for submission to the court. Without it, probate will be impossible.
Legal Tip:
If a Will was deposited at the Probate Registry while the testator was alive, apply for its retrieval officially through the Registrar.
Step 2: Obtain the Death Certificate
Apply for a death certificate from the National Population Commission (NPC) or General Hospital. This document is mandatory for initiating the process.
Step 3: Engage a Probate Lawyer
Involving a competent lawyer:
Saves time,
Prevents procedural errors,
Facilitates faster approval.
Lawyers familiar with probate practice have access to court personnel and understand how to resolve queries quickly.
Step 4: File Application at the Appropriate Probate Registry
File the application at the Probate Registry of the High Court of the state where the deceased resided (domiciled). In states like Lagos or Abuja, ensure you file at the correct judicial division.
Your application must include:
Original Will
Death certificate
Oath of the executor(s)
Passport photographs
Inventory of assets
List of liabilities
Certified valuation reports (for properties)
Application letter addressed to the Probate Registrar
Step 5: Publication of Notice in National Newspaper
After receiving the application, the Probate Registry will publish a Probate Notice in a national newspaper for a mandatory 21-day waiting period, allowing any objections to the Will to be raised.
Avoid Delay Tip:
Use a reputable and fast-response newspaper. Follow up to ensure it is published promptly.
Step 6: Property and Asset Valuation
You must submit a valuation report for all real estate and movable assets. Ensure the valuation:
Is realistic,
Is done by a government-approved valuer,
Covers all locations (e.g., Lagos and Ogun if the deceased owned assets in both).
Under-declaring asset value to reduce estate duties can lead to rejection or revocation.
Step 7: Pay Estate Duties and Other Court Fees
Probate fees (estate duties) are charged as a percentage of the total value of the estate. Rates may vary by state but typically range between 3% and 10%.
Legal Tip:
Make payments through official government channels or bank drafts and obtain receipts.
Step 8: Submission of Final Documents and Follow-Up
After valuation and payment:
Submit final documents,
File any additional affidavits if required (e.g., if there’s a discrepancy in names or dates),
Follow up persistently with the Probate Registry.
This is where a probate lawyer plays a crucial role in ensuring documents don’t sit unattended.
Step 9: Issuance of Grant of Probate
Once all conditions are met and no objections are raised, the Grant of Probate is issued, authorizing the executor(s) to:
Transfer property,
Access bank accounts,
Sell or manage estate assets.
Timeline for Grant of Probate in Nigeria
While timelines may vary depending on the state and complexity, here’s a general guide:
| Type of Estate | Estimated Timeline |
|---|---|
| Simple Estate (No Dispute) | 3–6 Months |
| Complex Estate (Multiple States) | 6–9 Months |
| Disputed Estate | 9–24 Months |
The presence of a professional legal team can shorten these timelines significantly.
How to Speed Up the Process – Expert Tips
Hire a Lawyer Early: Don’t wait for confusion to set in.
Compile All Documents First: Avoid back-and-forth delays.
Use Accurate Information: Avoid inconsistencies in names, dates, addresses.
Ensure Will Meets Legal Standards: It must be duly signed and witnessed.
Follow Up Weekly: Don’t assume the Registry is processing your file.
Avoid Disputes: Resolve family conflicts early and document agreements.
How a Probate Lawyer Helps You Get Probate Faster
A seasoned probate lawyer offers:
Expertise in document preparation,
Familiarity with court procedures,
Capacity to expedite valuations,
Legal interpretation of complex clauses,
Mediation in family disputes,
Direct follow-up with Registry officials.
They handle the heavy lifting so you can focus on other matters.
What Happens After You Receive the Grant of Probate
Once you have the Grant:
Present it to banks to access accounts,
Transfer titles of land or property to named beneficiaries,
Begin distribution of estate assets,
Pay off estate debts or taxes,
File final returns with the court (where required).
Your responsibilities as an executor continue until the estate is fully wound up.
Key Differences Between Probate and Letters of Administration
| Feature | Grant of Probate | Letters of Administration |
|---|---|---|
| Valid Will | Required | Not Required |
| Applicant | Executor named in Will | Next of Kin |
| Delay Level | Lower (if uncontested) | Higher (due to sureties, family declaration) |
| Customary Law | Not Applicable | Sometimes applicable |
Special Considerations in Lagos and Ogun States
Lagos State
Probate Registry located at Ikeja and Lagos Island.
Probate Practice Rules require specific valuation forms.
Probate can be tracked via e-filing portal (limited access).
Ogun State
Probate Registry located in Abeokuta and divisional offices.
May require evidence of marriage under customary or statutory law.
Slower processing times than Lagos, but with proactive follow-up, timelines can improve.
How Nigerians in the Diaspora Can Apply for Probate
If you’re outside Nigeria:
You can grant Power of Attorney to a lawyer or trusted representative.
Your lawyer will process the application and represent you in court.
You’ll receive scanned copies of all documents, and originals can be couriered as needed.
This is ideal for Nigerians abroad with family property matters in Lagos or Ogun.
What If the Will is Contested?
If someone challenges the Will’s validity, the matter becomes contentious. Common grounds for challenge include:
Forgery or fraud,
Lack of testamentary capacity,
Undue influence.
The matter will proceed to trial, and probate is delayed until resolved.
Legal Tip:
Always draft Wills under legal guidance to prevent future disputes.
Role of Chaman Law Firm in Probate Services
Chaman Law Firm is a leading legal firm in Nigeria with expert probate lawyers. We offer:
Grant of Probate and Letters of Administration,
Will drafting and registration,
Estate valuation support,
Property verification and title perfection,
Inheritance dispute resolution,
- Services to clients in the diaspora.
Frequently Asked Questions (FAQs)
Q: Can I apply for probate without a lawyer?
A: Yes, but it’s not advisable due to complexity. Errors may delay or nullify the process.
Q: Is probate always necessary?
A: Yes, if there is a Will and the estate includes land, major assets, or bank accounts.
Q: What if the Will is lost?
A: You may apply for Letters of Administration with Will annexed using a copy, if available.
Q: How can I confirm if probate has been granted?
A: Check with the Probate Registry or request your lawyer to confirm the status.
Q: Can a woman be an executor?
A: Absolutely. Gender does not disqualify one from being an executor.
Conclusion
Securing a Grant of Probate in Nigeria is a critical legal step that opens the door to lawfully managing a deceased person’s estate. However, this process is often delayed due to mistakes, ignorance of legal requirements, and lack of professional guidance. With this expert breakdown, you now have a practical and legally sound guide to follow. Whether you’re in Lagos, Ogun, or anywhere across Nigeria or abroad, engaging a reputable probate lawyer is your best bet for getting probate without delay.
📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com
At Chaman Law Firm, we help you navigate probate with clarity, speed, and legal assurance.
Your Right, We Protect.