Avoiding Mistakes in Applying for Probate in Nigeria – Expert Legal Insights
Introduction
The process of applying for probate in Nigeria is a legal rite of passage for many families dealing with the death of a loved one. While the term “probate” may sound intimidating, it simply refers to the legal process through which a deceased person’s Will is validated and their estate lawfully distributed. However, this process is far from straightforward, particularly in Nigeria where court bureaucracy, legal technicalities, and documentation challenges can easily turn probate into a long, frustrating ordeal.
Many families delay for months or even years, suffer avoidable costs, and face estate disputes due to avoidable mistakes. In some cases, beneficiaries lose rightful entitlements or properties fall into government acquisition. These unfortunate outcomes often stem from procedural errors, misinterpretation of probate laws, or the absence of qualified legal support. This article offers expert legal insights to help individuals and families avoid the most common mistakes encountered during probate applications in Nigeria. Whether you are an executor, administrator, or a family member seeking guidance, this guide will empower you to handle probate with clarity, confidence, and legal compliance.
Understanding the Probate Process in Nigeria
Before diving into the mistakes, it is essential to understand what probate is and how it operates in Nigeria.
Probate is the legal process where a Will is validated by the High Court and the named executors are granted authority to manage and distribute the estate of the deceased. In the absence of a valid Will, the family must apply for Letters of Administration instead. Both processes fall under the jurisdiction of the Probate Registry of the State High Court, depending on where the deceased resided.
Key elements of probate include:
Verification of the Will (for testate estates)
Identification and valuation of assets
Payment of estate duties
Appointment of executors or administrators
Distribution to beneficiaries
This process is legally governed by the Administration of Estates Law, Wills Law, and Probate Rules applicable in each state, with Lagos and Abuja being common jurisdictions of interest.
Common Mistake #1: Failing to Obtain the Original Will
One of the first and most costly mistakes made during probate application is inability to produce the original Will. Many people keep Wills in personal safes, banks, or law offices without informing executors or close relatives. When the testator (the person who made the Will) dies, the family may only have a photocopy, or worse, none at all.
Legal Insight:
Only the original Will is admissible for probate. The court rarely grants probate on photocopies except in extraordinary circumstances where clear evidence of its contents and the destruction of the original is proven.
Solution:
The testator should deposit a copy of the Will with the Probate Registry during their lifetime or keep it in a place easily accessible to executors. Lawyers must also advise clients to disclose the Will’s location to trusted persons.
Common Mistake #2: Omitting Key Documents During Application
Another common error is failure to include all necessary documents in the probate application. These include:
Original Will (for probate) or next-of-kin form (for letters of administration)
Death certificate
Passport photographs of executors/administrators
Oath of executors or administrators
Inventory of assets
Bank statements and property documents
Valuation reports
Payment of filing fees and stamp duties
Legal Insight:
Incomplete applications will not be processed by the Probate Registry. Instead, they are returned with queries or delayed indefinitely.
Solution:
Hire a probate lawyer to prepare and compile the application documents, ensure all forms are correctly filled, and follow up promptly with the Registry.
Common Mistake #3: Wrong Jurisdiction
Some families file for probate in the wrong state, typically where some property is located or where the family resides. However, probate must be filed in the state where the deceased was domiciled at the time of death.
Legal Insight:
Domicile is not the same as place of birth or property location—it refers to the state where the deceased had their permanent residence.
Solution:
Always confirm the legal domicile of the deceased and file accordingly. In cases where assets span multiple states, probate must first be obtained in the domicile state, and then resealed in other states where properties exist.
Common Mistake #4: Ignoring the 21-Day Public Notice Period
After filing for probate or letters of administration, the Registry publishes a Notice of Application in a national newspaper. The law requires a 21-day waiting period to allow any interested party to file objections.
Some applicants ignore this period and proceed to act on the estate prematurely, which can lead to legal sanctions or reversal of actions.
Legal Insight:
Any action taken before probate is granted is legally void and could constitute a civil or criminal offense, especially in contested estates.
Solution:
Wait until the 21-day period lapses and the Registry issues the Grant of Probate or Letters of Administration before managing any estate property.
Common Mistake #5: Undervaluing the Estate to Reduce Fees
Applicants sometimes undervalue assets (especially real estate) to reduce estate duty payments, which are typically charged as a percentage of the estate’s value.
Legal Insight:
Probate Registries conduct independent assessments, and discrepancies can result in:
Rejection of the application
Additional fees and penalties
Legal actions for fraud
Solution:
Be truthful in declaring all estate assets and obtain certified property valuations from government-approved valuers. Probate lawyers can help prepare a transparent and defendable inventory.
Common Mistake #6: Failing to Include All Legal Heirs
For intestate estates (no Will), the court requires the applicant to list all legal heirs—spouses, children, siblings, or parents. Some applicants deliberately or mistakenly omit certain heirs to gain control of the estate.
Legal Insight:
Failure to disclose all heirs can lead to revocation of the Letters of Administration and possible litigation.
Solution:
List all persons entitled under law. If any heir is unavailable, estranged, or dead, provide affidavits or death certificates as proof. Probate lawyers help ensure full compliance with inheritance laws.
Common Mistake #7: Disregarding the Role of Sureties
In letters of administration, the court often requires two sureties who will sign a bond to ensure that the administrators act lawfully and distribute the estate appropriately.
Applicants frequently delay the process by failing to secure reliable sureties who:
Own property within the court’s jurisdiction
Are not bankrupt
Have no criminal records
Legal Insight:
Sureties are vital in protecting the estate and beneficiaries. Without qualified sureties, the grant will not be issued.
Solution:
Seek qualified individuals early or consult a probate lawyer who can help connect you to acceptable sureties.
Common Mistake #8: Delaying the Application
Time is of the essence. Some families wait months or years before initiating probate, causing:
Devaluation of properties
Accumulation of unpaid taxes or penalties
Disputes among heirs
Risk of government acquisition (for unclaimed land)
Legal Insight:
Delays can invite fraudulent claims or third-party interference, especially if title documents are not updated timely.
Solution:
Begin the probate process immediately after obtaining the death certificate. Engaging a proactive legal team ensures swift and professional handling.
Common Mistake #9: Handling Probate Without Legal Assistance
Attempting to manage probate without a lawyer may seem cost-effective but can backfire. The process involves navigating:
Legal terminology
Bureaucratic delays
Court procedures
Tax implications
A non-lawyer may struggle with compliance, risk rejection, or worsen family tensions.
Legal Insight:
The Probate Registry often queries irregular filings, and without proper legal knowledge, resolving such queries can be complex and frustrating.
Solution:
Engage a seasoned probate lawyer who understands court dynamics, document preparation, legal representation, and communication with probate officers.
The Role of Probate Lawyers in Avoiding Mistakes
A competent probate lawyer ensures that:
All necessary documents are submitted correctly
The estate is properly valued
The right court is approached
Legal heirs are identified and verified
Disputes are mediated before escalating
Grants are followed up until approval
Beneficiaries receive their rightful entitlements
At Chaman Law Firm, we offer clients end-to-end probate services, helping families avoid delays, disputes, and costly errors.
Special Considerations for Nigerians in the Diaspora
For Nigerians abroad managing estates back home, common issues include:
Lack of physical presence to follow up
Incomplete records
Vulnerability to fraud
Poor communication with family
Legal Insight:
Remote probate management is possible through power of attorney, and the use of digital tools to monitor progress.
Solution:
Diaspora clients should partner with reputable law firms that offer virtual legal consultations, document processing, and representation in Nigeria.
Consequences of Mistakes in Probate Applications
Some errors may cause minor delays, but others result in:
Rejection of application
Legal liability for misrepresentation
Family conflicts and prolonged litigation
Loss of estate assets
Suspension or revocation of granted letters
Checklist to Avoid Probate Mistakes
Here’s a simplified checklist to avoid mistakes:
✅ Obtain original Will
✅ Verify correct court jurisdiction
✅ Compile complete documentation
✅ Declare full asset value
✅ Include all legal heirs
✅ Provide qualified sureties
✅ Wait for public notice period
✅ File through a probate lawyer
✅ Track application and follow up
✅ Distribute estate lawfully after the grant
Conclusion
Applying for probate in Nigeria is a sensitive and legally complex process that must be handled with precision, integrity, and care. Avoiding mistakes is not only about speed but also about protecting family assets, honoring the deceased’s wishes, and securing the future of beneficiaries. Whether you’re just beginning or you’re stuck mid-way, expert legal guidance is not a luxury—it is a necessity.
Let Chaman Law Firm help you fast-track your probate process and safeguard your legacy. Your Right, We Protect.
15. How Chaman Law Firm Can Help
We are a trusted probate law firm based in Lagos, Nigeria. We specialize in:
Probate and Letters of Administration
Will Drafting and Execution
Estate Dispute Resolution
Diaspora Estate Management
Property Title Regularization
Power of Attorney Services
📍 Chaman Law Firm
115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com