How Probate Lawyers Help You Access Inherited Property in Lagos and Ogun
Introduction
Losing a loved one is a deeply emotional experience, often accompanied by the daunting responsibility of managing and accessing the deceased’s property. In Nigeria—particularly in bustling regions like Lagos and Ogun States—the process of taking legal possession of inherited property involves more than just family discussions. It is a structured legal process that requires compliance with state laws, court procedures, and proper documentation. Whether the deceased left a Will or died intestate (without a Will), navigating the legal terrain can be complex, stressful, and time-consuming. This is where the professional guidance of a probate lawyer becomes invaluable. A skilled probate lawyer simplifies the entire inheritance process, ensures lawful access to the estate, protects beneficiaries’ interests, and helps prevent property disputes. In this article, we provide a comprehensive breakdown of how probate lawyers help beneficiaries and families gain legal access to inherited properties in Lagos and Ogun States.
Understanding Inherited Property in Nigeria
Inherited property refers to all movable and immovable assets passed down from a deceased person to their surviving relatives or named beneficiaries. These can include:
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Lands and buildings
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Bank accounts
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Shares and bonds
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Vehicles
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Businesses and other investments
Accessing such property in Nigeria requires legal authority—either through a Grant of Probate (if the deceased left a Will) or a Letter of Administration (if there was no Will). Both procedures are regulated by the High Court of each state and require compliance with legal formalities.
What is Probate and Why Does it Matter?
Probate is the legal process of validating a Will and authorizing the executor to administer the deceased’s estate. If there is no Will, Letters of Administration are granted to qualified family members or next-of-kin to manage the estate.
Probate matters in Lagos and Ogun are handled by the Probate Registry of the High Court in each respective state. Without a Grant of Probate or Letters of Administration:
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You cannot lawfully sell, transfer, or occupy inherited land.
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Banks will not release funds from the deceased’s account.
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Government authorities won’t recognize you as the legal titleholder.
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Family members may engage in costly disputes.
The Legal Framework for Inherited Property in Lagos and Ogun
Each state has slightly different laws and procedures:
Lagos State
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Administration of Estates Law of Lagos State
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Wills Law of Lagos State
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Probate Practice Rules of Lagos State
Ogun State
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Administration of Estates Law (Cap 2, Laws of Ogun State)
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High Court of Ogun State (Civil Procedure Rules)
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Customary Law (in cases of intestacy among non-Christians or where applicable)
Key Roles Probate Lawyers Play in Accessing Inherited Property
A probate lawyer simplifies the legal process, protects your rights, and ensures that you receive what you are entitled to. Below are the key roles probate lawyers play:
Initial Case Evaluation and Documentation Review
When a client approaches a probate lawyer:
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The lawyer examines the death certificate, Will (if any), and available property documents.
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They identify the beneficiaries and advise whether to file for probate or letters of administration.
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They check if the property title is free from encumbrances or government acquisition.
This early review helps avoid future delays or rejections.
Filing for Probate (When There is a Will)
Where a valid Will exists, the probate lawyer will:
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Prepare and file the application for Grant of Probate
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Submit the original Will, death certificate, Oath of Executor(s), and estate inventory
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Ensure payment of estate duties based on assessed value
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Publish the Probate Notice in newspapers to allow for objections
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Respond to any legal queries raised by the Probate Registry
Once probate is granted, the lawyer helps transfer property into the names of the beneficiaries or handle its sale, depending on the Will’s instructions.
Applying for Letters of Administration (No Will)
If the deceased died intestate:
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The probate lawyer helps identify eligible administrators—usually a surviving spouse and adult children
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Prepares and submits necessary documents including Oath of Administrator, Inventory of Assets, Surety Forms, Next-of-Kin declaration, and Death Certificate
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Coordinates the valuation of the estate and payment of fees
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Facilitates the publication and public notice period (usually 21 days)
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Manages the issuance of Letters of Administration
After the grant, the lawyer guides the client on how to lawfully access and manage the property.
Conducting Property Searches and Verifying Titles
One major challenge with inherited property is confirming ownership. A probate lawyer will:
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Conduct title searches at the Lagos or Ogun State land registry
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Identify if the property is under government acquisition, family land, or has multiple claims
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Confirm if the land has a valid Certificate of Occupancy (C of O) or Registered Deed of Assignment
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Help regularize title documents post-probate
This ensures the property can be lawfully claimed, sold, or developed without future litigation.
Facilitating Estate Valuation and Tax Payments
To access inherited property, the estate must be valued and applicable duties paid. Probate lawyers assist with:
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Connecting clients to certified government-approved valuers
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Preparing the estate valuation report
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Computing and processing estate duties payable to the government
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Managing all required payments and obtaining receipts
They ensure that this process is fast-tracked to avoid unnecessary delays in getting the property released.
Resolving Inheritance Disputes and Family Conflicts
In many Nigerian families, especially where land or high-value property is involved, inheritance disputes arise. Probate lawyers play a key role in:
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Mediating between conflicting beneficiaries
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Interpreting unclear clauses in the Will
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Representing clients in court, if the Will is contested
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Preventing fraudulent third-party claims
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Securing restraining orders to prevent unlawful sale or occupation of estate property
Their presence often discourages opportunists from tampering with estate assets.
Handling Properties Located in Multiple States
It is common for a deceased person to own properties in both Lagos and Ogun States. Probate lawyers assist by:
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Filing for probate in the state of domicile
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Obtaining a Resealing of Probate or Ancillary Letters of Administration in the second state
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Ensuring all property records are updated in the land registries of both states
This seamless coordination helps the family avoid jurisdictional conflicts.
Helping Nigerians in the Diaspora Access Inherited Property
For Nigerians living abroad, managing inherited property back home can be daunting. Probate lawyers:
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Receive Power of Attorney to represent the client in Nigeria
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Monitor the probate process and provide regular updates
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Help secure court grants and property documents
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Coordinate sale or management of inherited property on behalf of diaspora clients
This gives confidence to clients abroad and ensures their rights are protected from fraudulent relatives or caretakers.
Preparing and Filing Legal Affidavits and Declarations
To support a probate application or prove one’s status as a legal heir, various affidavits are needed:
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Affidavit of Next-of-Kin
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Declaration of Customary Marriage (where applicable)
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Affidavit of Attestation (for sureties)
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Affidavit of Identification of Property
Probate lawyers help draft and file these documents professionally to strengthen the application.
Managing Timeline and Follow-Up
The probate process can take between 3 to 12 months depending on the nature of the estate and whether disputes exist. Probate lawyers help:
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Track the application progress
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Attend scheduled appearances at the Probate Registry
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Answer any queries or requests from the court
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Expedite the approval process where possible
Their consistent follow-up ensures the case does not get buried in bureaucratic delays.
Avoiding Costly Mistakes
Common mistakes families make include:
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Submitting incomplete applications
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Filing in the wrong court
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Ignoring surety requirements
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Under-declaring assets to reduce fees
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Trying to access property without a grant
Probate lawyers help clients avoid these pitfalls, saving them from rejection, penalties, and potential litigation.
How Long Does the Process Take?
While timelines vary, an efficient probate lawyer can help conclude:
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Simple probate (with valid Will): 3–6 months
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Intestate application with no disputes: 6–9 months
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Disputed or complex estate: 12–24 months
Factors affecting duration include document availability, presence of minors, land title issues, and court congestion.
Legal Fees and Charges
Probate lawyers may charge:
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A flat professional fee
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A percentage of the estate value (usually between 5% and 10%)
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Separate fees for title perfection, affidavit drafting, or court appearances
Additionally, government probate fees (duty) and land registration costs are paid separately by the estate.
Frequently Asked Questions (FAQs)
Q1: Can I occupy or sell inherited land without probate?
No. You must first obtain legal authority from the Probate Registry.
Q2: What if there are multiple properties in Lagos and Ogun?
File for probate in the domicile state and reseal the grant in the other state.
Q3: Can a non-Nigerian beneficiary inherit property in Nigeria?
Yes. But legal procedures must be followed, and tax obligations met.
Q4: What happens if a Will is missing?
You’ll apply for letters of administration based on intestate succession laws.
Q5: Can a woman inherit property under Nigerian customary law?
Yes. Nigerian courts now uphold the rights of women to inherit under certain customary law reforms.
Conclusion
Accessing inherited property in Lagos or Ogun without legal guidance can be risky and unnecessarily difficult. The involvement of an experienced probate lawyer makes the difference between delay and success, conflict and harmony, loss and lawful ownership. Whether you’re an executor, spouse, child, or next-of-kin, take the right step—consult a probate lawyer and ensure you receive your rightful inheritance legally, efficiently, and peacefully.
Chaman Law Firm – Your Trusted Probate Partner in Lagos & Ogun
Chaman Law Firm has years of experience representing clients in probate matters across Lagos and Ogun States. We provide:
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Will drafting and estate planning
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Probate and Letters of Administration
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Legal representation in inheritance disputes
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Estate title verification and regularization
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Diaspora estate management
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Power of attorney execution and monitoring
At Chaman Law Firm, we don’t just process paperwork—we protect your rights, your family, and your future.
Your Right, We Protect.