How do I process probate in Ogun State?

How do I process probate in Ogun State?

Introduction

Probate (or more broadly, “grant of representation”) is the legal process by which a deceased person’s estate (assets, liabilities, rights) is properly dealt with and distributed according to law. For many families, the loss of a loved one is accompanied by uncertainty about how to lawfully “close up” their financial affairs, settle debts, and then transfer property to beneficiaries. In Nigeria, while certain broad legal principles apply across the country, the actual process and procedures are state-based, and Ogun State has its own Probate Registry under the State High Court system. ogunstatejudiciary.gov.ng

In this article, we set out a step-by-step, practical, detailed guide to processing probate in Ogun State. We explain the legal framework, what to do in cases where the deceased left a will or did not, the documents needed, timelines, possible hurdles, and practical tips. We also include a sample checklist and call-to-action suggestions for those reading this on your WordPress site (e.g. “contact us for help”).

Whether you are a lawyer, executor, administrator, beneficiary, or just curious, this is your go-to reference for probate in Ogun State.

Table of Contents

1. Legal Foundation: Statutes, Customary Law & Jurisdiction

2. Key Concepts: Probate, Letters of Administration, Estate, Executor, Administrator

3. When the Deceased Left a Will (Testate Succession)

4. When the Deceased Did Not Leave a Will (Intestate Succession)

5. Who Is Eligible to Apply as Administrator or Executor

6. Step-by-Step Process in Ogun State

   1. Gather Documents & Evidence

   2. Visit Probate Registry

   3. Complete and File Application Forms

   4. Publication / Notice / Caveats

   5. Assessment, Duty/Fees, and Bank Certificate

   6. Oath, Interviews, Sureties, Bonds

   7. Granting of Probate / Letters of Administration

   8. Post-Grant Tasks (collecting assets, paying debts, distribution)

7. Special Issues & Complex Cases

   1. Disputes, Contested Wills, Caveats

   2. Foreign Grants and Resealing

   3. Additional Assets after Grant

   4. Missing Assets, Unknown Heirs

   5. Estate tax, capital gains, stamp duties (if any)

8. Practical Challenges & Tips

9. Checklist for Executors / Administrators in Ogun State

10. Sample Template Letters / Forms (for WordPress Appendix)

11. Frequently Asked Questions (FAQs)

12. Conclusion & Call to Action

1. Legal Foundation: Statutes, Customary Law & Jurisdiction

Before diving into the process, it’s important to understand the legal basis.

1.1 The Administration of Estates Act (Federal)

The Administration of Estates Act is a federal law that provides general principles on how estates devolve upon death, and how personal representatives (executors, administrators) act. FAOLEX+2PolicyVault.Africa+2 The Act sets out things like:

• How property vests on death (i.e. deceased’s property devolves to the personal representatives) PolicyVault.Africa+1

• Rules on executor’s rights, administration, etc. FAOLEX

• The possibility of administration with or without a will (grant of probate or letters of administration) FAOLEX+2Mondaq+2

However, states often have their own Probate/Administration of Estates Laws or rules (or adopt rules of court) which localize the procedure (e.g. fees, forms, timelines).

1.2 State Law & Probate Registry in Ogun State

Ogun State, like other states, has a Probate Registry under its High Court or judicial arm. The Registry is the institution that handles applications for Probate or Letters of Administration in the state. ogunstatejudiciary.gov.ng

The Ogun State Judiciary’s official site mentions “Probate” as a service under its jurisdiction. ogunstatejudiciary.gov.ng

State rules (Orders of the High Court, Practice Directions) often regulate how the registry operates, the forms to be used, how notices are published, etc. (these rules may not always be publicly available online, so local registry inquiry is essential).

1.3 Customary Law, Statutory Law & Differences

In Nigeria, there is a three-layered system affecting succession:

• Statutory law: the Wills Act, the Administration of Estates Act, and state Probate/Administration rules.

• Customary law: the indigenous practices of an ethnic group (e.g. Yoruba customary succession).

• Islamic/Sharia law: where applicable (in Muslim-majority areas) for personal law matters.

Which law governs depends on the nature of the assets (movable vs immovable), the domicile of the deceased, whether a will is valid, and whether the deceased had opted into a statutory regime. SAFLII+2PolicyVault.Africa+2

For example:

• Immovable property (land, real estate) is generally governed by the law of the place where the land is located (lex situs). In Ogun State (being in the South West), customary law may apply to customary land rights, but statutory law would often operate for “non-customary” land or where the deceased had formal title. IBA+3SAFLII+3europeanjournalofsocialsciences.com+3

• Movable property (bank balances, shares, cars, personal effects) is generally governed by the law of domicile of the deceased. FAOLEX+3SAFLII+3europeanjournalofsocialsciences.com+3

Thus, in Ogun State, for many matters, the Administration of Estates Law (or equivalent state adoption) will apply, particularly for movable assets. Customary practices may still play a role in distribution among family, especially for land held under customary tenure. Mo’s blog+4harlemsolicitors.com+4europeanjournalofsocialsciences.com+4

Because of these complexities, it is advisable to engage a knowledgeable probate or estate lawyer in Ogun State who understands both statutory and customary law interplay in your locality.

2. Key Concepts: Probate, Letters of Administration, Estate, Executor, Administrator

It helps to clarify some key legal terms you will frequently see:

• Estate / Deceased’s Estate (Estate of Deceased): The total assets, rights, liabilities, and property owned by the deceased at the time of death (both movable and immovable), minus debts, obligations, and liabilities.

• Testate Succession: Where the deceased left a valid will specifying how their estate should be managed/distributed.

• Intestate Succession: Where the deceased left no valid will (or the will is invalid or does not cover part of the estate). The estate devolves according to statutory or customary law rules.

• Executor(s): The person(s) named in a valid will who is entrusted to carry out the instructions in the will, administer the deceased’s assets, pay debts, and distribute to beneficiaries.

• Administrator / Administratrix: If there is no will, or the will does not appoint an executor, or an executor cannot act, the court appoints an administrator (male or female) to perform the same functions (subject to law). The administrator must be a person eligible under law.

• Grant of Probate: The formal legal document issued by the Probate Registry (under direction of the court) which gives the named executor(s) authority to administer the estate under the will.

• Letters of Administration (LA): A similar document issued when there is no valid will (or for the portion of the estate not disposed of by the will). It gives authority to the administrator(s).

• Resealing: If probate or letters of administration were granted in one jurisdiction (or another state or country), and the deceased also owned assets in Ogun State, you may apply to the Ogun State Probate Registry to “reseal” the grant, so it has force in Ogun State for those assets. tundeadisa.com+2Legal 500+2

• Caveat / Objection: A legal mechanism to challenge or enter objection to a probate/administration application (e.g. contesting the will’s validity). The registry or court may allow a caveat to be lodged to delay or prevent grant. Legal 500+3FAOLEX+3Lexology+3

• Bond / Sureties / Security: In some cases, administrators or executors are required to provide sureties or bonds (guarantees) to protect the interests of beneficiaries; ensures that if they mismanage the estate, there is recourse.

• Bank Certificate: A document used in probate process to identify all the deceased’s bank accounts, shares, investments, etc., and to ascertain balances. It is submitted to the registry for assessment. trustedadvisorslaw.com+2LawPàdí+2

• Estate Duty / Probate Fees / Estate Assessment: The registry undertakes valuation of the assets and allocates a duty or fee to be paid before grant is issued. The percentage, thresholds, and formulas may vary by state. Mondaq+4Mondaq+4Legal 500+4

With those definitions in place, you’ll find the procedural walk-through below easier to follow.

3. When the Deceased Left a Will (Testate Succession)

If the deceased left a valid will, the process is generally smoother, because the will expresses how the estate should be managed and distributed, and identifies the executor(s). However, challenges may arise (e.g. will validity, disputes, missing assets). Below is how the process works, in the ideal “non-contentious” scenario.

3.1 Locating & Lodging the Will

• The executor or family must locate the original will (if in the deceased’s possession, with a lawyer, in a safe deposit box, or lodged with a registry).

• If the will was not already lodged at the Probate Registry, the executor may lodge it with the registry for safekeeping or as part of the probate application.

• In many jurisdictions, the will must be sealed or enclosed in an envelope by the registry once lodged. aekleysolicitors.com+5LawPàdí+5Mondaq+5

3.2 Application for Grant of Probate

• After the will is lodged and sealed, the executor applies to the Probate Registrar of the High Court in Ogun State (or the state where the deceased was domiciled) for a grant of probate. Lexology+4LawPàdí+4Mondaq+4

• Some states require waiting at least 14 days after death before making the application. LawPàdí

• The executor will submit the completed forms and accompany with supporting documents (see next section).

3.3 Required Documents & Supporting Papers (Will cases)

Typically, the following (or their equivalents) are required:

1. Death certificate of the deceased (original or certified)

2. Original will (or copy if already lodged)

3. Executor’s identification: means of ID (passport, national ID, driver’s license)

4. Passport photographs of executor(s)

5. Inventory of assets and liabilities of the deceased

6. Bank Certificate: showing balances of bank accounts, shareholdings, etc. Mondaq+3trustedadvisorslaw.com+3Legal 500+3

7. Valuation of immovable property (if any), with particulars of lands, deeds, titles, addresses

8. Schedule of debts, funeral expenses, liabilities

9. Affidavit of attesting witnesses: persons who witnessed the execution of the will may need to submit affidavits confirming their witnessing

10. Application forms (Grant of Probate form; oath of executor; other forms as prescribed by registry)

11. If required, bond / security / sureties (if the registry demands)

12. Proof of next-of-kin / relationships: to show beneficiaries or interested parties

The exact forms and names may vary with the Ogun State Probate Registry. It is wise to go to the registry in person (or consult a local probate attorney) to confirm the precise documents needed.

3.4 Publication / Notice / Objection Period

• The Probate Registry will require publication of a notice in a widely circulated newspaper (or state gazette) to alert creditors, other claimants, or interested parties that an application for probate is pending. aekleysolicitors.com+3Legal 500+3Lexology+3

• There is typically a waiting or objection period (e.g. 21 days) during which interested parties can lodge caveats or objections to the grant. Lexology+4aekleysolicitors.com+4Legal 500+4

• If a valid objection or challenge arises (e.g. will validity, conflict, undue influence), the grant may become contested and the matter may have to go into full court hearing (this complicates the process).

3.5 Assessment of Estate, Fees & Payment

• The registry may assess the value of the deceased’s estate (movable and immovable assets) for the purpose of computing probate duty or fees. Mondaq+4Mondaq+4trustedadvisorslaw.com+4

• The registry issues a schedule or form indicating the amount of probate duty / estate fees payable. In many states the rate may be between 5% and 10% of the estate value (depending on thresholds, exemptions, etc.). Lexology+3trustedadvisorslaw.com+3Legal 500+3

• The executor must pay the required amount (sometimes before issuance of grant).

• A bank certificate reflecting asset values is also used by the registry to verify liquid assets and reconcile values.

3.6 Oath, Interviews, Sureties

• The executor(s) will take an oath of office or affirmation in the registry, promising to carry out duties faithfully.

• The registry may require interviews with the executor, sureties, or other parties to verify correctness of information.

• If required, the executor may need to provide sureties or bonds (guarantees) to protect beneficiaries.

3.7 Grant of Probate

• Once all documentation, payments, and formalities are satisfied and no valid objections remain, the Probate Judge (or authorized officer) authorizes the grant.

• The registry prepares the Grant of Probate document, signs and seals it, giving legal recognition to the executor’s authority. Mondaq+4LawPàdí+4trustedadvisorslaw.com+4

• The executor (or their lawyer) collects the grant from the registry.

3.8 Post-Grant Duties

With the grant in hand, the executor can then:

1. Collect assets (from banks, securities, property, etc.)

2. Settle debts, liabilities, funeral expenses, tax obligations

3. Distribute remaining assets to beneficiaries per the will

4. File final accounts with the registry or court if required

5. Close the estate after proper accounting and discharges

If further assets are discovered later, the executor may apply for a certificate of additional assets with the registry. probate.lagosjudiciary.gov.ng+2Legal 500+2

4. When the Deceased Did Not Leave a Will (Intestate Succession)

If the deceased left no will, or the will is invalid in parts, then we deal with intestate succession. The process is broadly similar, but with some special features.

4.1 Legal Basis for Intestate Succession

• Nigeria’s statutory regime (e.g. Administration of Estates Act) provides for intestate succession when there is no valid will.

• In addition, customary law or Islamic personal law may apply to portions of estate or to land held under customary tenure, depending on locality and surviving customs. europeanjournalofsocialsciences.com+4FAOLEX+4europeanjournalofsocialsciences.com+4

• Under statutory law, there is often an order of priority for those entitled to apply to be administrator. law clinic pro+4harlemsolicitors.com+4Legal 500+4

4.2 Order of Priority for Administrators (Statutory / Common Law Order)

If an administrator is needed, the law (or registry rules) will specify who has priority. A typical hierarchy (as seen in many Nigerian states) is:

1. Surviving spouse

2. Children (or issue of a deceased child)

3. Parents

4. Siblings (full, then half)

5. Grandparents

6. Uncles, aunts, their children

7. Creditors of the deceased

8. Administrator-General (public trustee) if all else fails

This priority ensures that those closest in relationship have the first right to apply. Lexology+5harlemsolicitors.com+5Legal 500+5

In some jurisdictions, the surviving spouse might take a certain portion (e.g. one-third), with children taking the remainder, under statutory rules. Mondaq+1

4.3 Application for Letters of Administration (LA)

• The eligible person (or persons) submits an application to the Ogun State Probate Registry for Letters of Administration (in lieu of probate). harlemsolicitors.com+5Legal 500+5aekleysolicitors.com+5

• The forms are similar to those for probate, but specific to administration without a will (e.g. Oath of Administrator, Administration Bond, etc.). Lexology+4aekleysolicitors.com+4law clinic pro+4

4.4 Required Documents for LA

Typical documents include:

1. Death certificate

2. Identification and photos of proposed administrators

3. Inventory of assets, valuations, list of debts

4. Bank certificate for accounts & securities

5. Valuation of lands, titles, particulars of property

6. Application form for LA

7. Oath of Administrator (without will)

8. Administration bond, sureties, security (if required)

9. Declaration / Affidavit as to Next-of-Kin

10. Proof of relationship to deceased, next-of-kin affidavits

11. Schedule of debts, funeral expenses, liabilities

Again, check with the Ogun State Probate Registry for precise local form names or extra requirements.

4.5 Publication, Objections / Caveats

• As with probate applications, LA applications are typically advertised (in newspapers or gazettes) to allow creditors or other claimants to enter objections.

• The registry may allow caveats.

• A waiting period is often observed before the grant is made.

4.6 Assessment of Estate & Payment of Fees

• The registry will assess the value of the estate to compute fees / duty due.

• A bank certificate, valuation reports, and inventories feed into this assessment.

• The applicant must pay required fees, duty, or court charges before grant.

4.7 Oath, Interview, Sureties

• The administrator(s) take the oath of administration in the registry, promising to perform duties faithfully.

• Interviews, verification checks, sureties/bonds may be required by the registry.

4.8 Granting Letters of Administration

• Upon satisfaction of all formalities, and absence of valid objections, the registry (under authority of the Probate Judge) grants Letters of Administration.

• The administrator(s) then receive the document and gain legal authority to act.

4.9 Post-Grant Duties for Administrators

• Collect assets

• Settle debts, obligations, funeral expenses

• Distribute the remaining estate according to statutory rules or customary law

• File accounts (if required)

• Close the estate

If later additional assets are discovered, the administrator may apply for a certificate of additional assets from the registry.

5. Who Is Eligible to Apply as Administrator or Executor

Understanding who has the legal right to act is crucial, especially if multiple persons wish to apply.

5.1 Executor (if Will)

• The testator (deceased) usually names one or more executors in the will.

• The named executor(s) have priority, unless disqualified, unwilling, or unable to act.

• If one executor renounces, others may proceed.

• If no executor is named or the named executor cannot act, an eligible administrator may be appointed with administration with will annexed.

5.2 Administrator (Intestate or Partial Intestate)

Eligible persons include (in descending order of preference):

• Surviving spouse

• Children / issue

• Parents

• Siblings (full blood, then half blood)

• Grandparents

• Uncles, aunts, cousins

• Creditors (in some cases)

• Administrator-General / public trustee (if no private person qualifies)

Additionally, all co-administrators must typically join the application, or all must consent. If any disagree, the court may have to intervene. harlemsolicitors.com+4tundeadisa.com+4Legal 500+4

Also, the person should ideally be a Nigerian adult of sound mind, not undischarged bankrupt, and not otherwise disqualified under law or practice rules.

In practice, it is wise to secure the consent of other eligible heirs to avoid conflicts or delays.

6. Step-by-Step Process in Ogun State

Here is a blueprint you can adapt to local registry-specific requirements in Ogun State.

6.1 Step 1: Gather Documents & Evidence

Before proceeding, collect all relevant documents:

• Death Certificate

• Original Will (if any) or statement confirming no will

• Identification & Photographs of executors/administrators, sureties

• Bank statements, account details, share certificates

• Inventory of assets: bank balances, securities, stocks, vehicles, personal property

• Details of real property: addresses, deeds, titles, survey plans, registered documents

• List of debts, liabilities, funeral expenses

• Affidavits / declarations as to next-of-kin or beneficiaries

• Proofs of relationships: birth certificates, marriage certificates, affidavits

• Valuation report(s) for real property

• Other supporting documents (e.g. tax clearance, evidence of business interests)

It is advisable to review the local Probate Registry’s checklist (if available) in Ogun State, or consult a local probate attorney.

6.2 Step 2: Go to the Ogun State Probate Registry

Locate the Probate Registry of the High Court in Ogun State (usually at the state capital, Abeokuta). The Ogun State Judiciary lists “Probate” as among its services. ogunstatejudiciary.gov.ng

Visit the registry in person (or via a legal representative) to:

• Request and obtain the required forms

• Confirm fees, scale of charges, and payment methods

• Ask for the current practice directions and checklist

• Clarify where and how publications or notices must be made

6.3 Step 3: Complete & File Application Forms

Fill out the forms carefully, possibly with legal assistance, including:

• Application for Grant of Probate or Letters of Administration

• Oath form (Executor or Administrator)

• Inventory and schedule of assets and liabilities

• Declaration as to next-of-kin

• Bond / surety forms (if applicable)

• Other supplemental affidavits (witness affidavits, etc.)

Ensure all names, addresses, relationships, and details are correctly stated. Mistakes or inconsistencies may delay the process.

After filling, submit the forms along with the supporting documents to the registry. The registry may check for completeness.

6.4 Step 4: Publication / Notice and Objection Period

Once accepted:

• The registry will direct the applicant to publish a notice in a national newspaper (or a widely circulated local paper) or state gazette, indicating that an application for probate or LA is pending.

• The notice invites creditors and interested persons to file objections (caveats) within a specified period (commonly ~21 days). Lexology+3aekleysolicitors.com+3Legal 500+3

• After the lapse of the objection period (if no valid objections), the registry moves forward with grant.

• If objections are raised, the matter could become contested, possibly requiring court hearings.

6.5 Step 5: Assessment, Bank Certificate & Payment of Fees

• The registry may issue a schedule / assessment form based on asset valuations and bank certificate.

• The executor/administrator must provide the bank certificate (signed by banks or securities registrars) showing balances in the deceased’s accounts, investments, holdings.

• Valuation of real property is reviewed.

• Based on the assessment, the registry issues the amount of probate duty / fees payable.

• The applicant pays the assessed amount.

• Some portion of the process may require going to valuation units or external assessors.

6.6 Step 6: Oath, Interviews, Sureties / Bonds

• The executor or administrator takes the required oath of office in the registry (swear to faithfully administer).

• The registry may conduct interviews to verify the correctness of the documents, the identity of applicants, and sureties.

• If required, sureties / bonds are accepted to guarantee the proper administration of the estate.

6.7 Step 7: Grant Issuance

• After all formalities, payments, and absence of valid objections, the Probate Judge (or appropriate judicial officer) reviews and approves the application.

• The registry prepares the Grant of Probate or Letters of Administration, signs and seals it.

• The executor/administrator collects the grant from the registry.

6.8 Step 8: Post-Grant Administration & Distribution

Once the grant is obtained:

1. Collect assets: request banks, investment houses, institutions, registrars to release funds or assets to the executor/administrator under the authority of the grant.

2. Settle liabilities: pay debts, funeral expenses, taxes, administrative costs, pending obligations.

3. Distribute assets to beneficiaries per will or statute.

4. Prepare final accounts (statement of distribution) and submit to registry or court if required.

5. Close the estate after all obligations are satisfied.

If during administration new assets are discovered, apply for a certificate of additional assets to include them under the grant.

7. Special Issues & Complex Cases

Not every probate case is simple. Here are some complications you may face in Ogun State (or any Nigerian state), and ways to deal with them.

7.1 Disputes, Contested Wills, Caveats

• If any interested party disputes the validity of the will (e.g. claims undue influence, forgery, lack of capacity), they can enter a caveat or pursue court action.

• The registry may suspend granting until the dispute is resolved in court.

• In contested probate, formal court hearings, cross-examinations, expert evidence may be required.

• Legal representation is highly advisable in contested cases.

7.2 Foreign Grants & Resealing in Ogun State

• If the deceased had assets in Ogun State, but probate or letters of administration were granted in another jurisdiction (another Nigerian state or foreign country), you may need to reseal the grant in Ogun State. tundeadisa.com+2Legal 500+2

• Resealing gives the foreign grant legal effect in Ogun State so that assets there can be lawfully accessed.

• Process includes submitting the original grant, oath, bank certificates, etc., and paying applicable fees in the Ogun registry.

• The Probate (Resealing) Act (1966) is relevant. tundeadisa.com

7.3 Additional Assets Discovered After Grant

• Sometimes assets are found after the grant. The executor/administrator may apply to the registry for a certificate of additional assets to bring those assets under the authority of the grant.

• The process is generally simpler than initial grant, but still involves submitting forms, values, possibly paying additional fees.

7.4 Missing Assets or Unknown Heirs

• If some assets cannot be located, or some heirs cannot be traced, the executor usually documents best efforts (advertisements, inquiry) and proceeds with distribution among known heirs, reserving a portion in case unknown heirs appear.

• Where heirs are minors, incapacitated, or unknown, permissions or court supervision may be necessary.

7.5 Estate Tax, Capital Gains, Stamp Duties

• Nigeria abolished federal estate duty in 1999. However, states may impose certain taxes, fees, or stamp duties on asset transfers.

• Always check local Ogun State laws or registry rules for any charges, levies, or stamp duties applicable during probate.

• Where properties are transferred, stamp duties or land registration fees may arise.

7.6 Customary/Religious Succession Conflicts

• For lands held under customary tenure or inherited via customary rules, disputes may arise about whether statutory law or customary law should control distribution.

• In many Yoruba customary contexts, widows may not traditionally inherit land, though statutory and constitutional rights may override customary exclusions. europeanjournalofsocialsciences.com+2Mo’s blog+2

• A local probate attorney familiar with customary and statutory intersection in Ogun State can help navigate such conflicts.

8. Practical Challenges & Tips (with Insights)

Dealing with probate can be daunting. Below are some practical challenges and tips to ease the process.

8.1 Common Challenges

• Bureaucratic delays: registry backlogs, incomplete applications, missing documents

• Inaccurate valuations or undervalued assets, leading to objections

• Conflicts among beneficiaries or co-applicants

• Unknown or missing heirs, especially in extended families

• Disputes over customary vs statutory share

• Foreign assets or assets held across states

• Uncooperative banks or institutions refusing to release accounts

• Lack of clarity on registry rules or changes in practice

8.2 Tips & Best Practices

1. Engage a local probate attorney early: they know registry practices, local forms, timelines, and can foresee problems.

2. Prepare a detailed asset inventory up front, ensuring nothing is omitted.

3. Obtain independent valuations for property to prevent under- or over-valuation objections.

4. Keep clear records and correspondence (receipts, letters, acknowledgments).

5. Communicate transparently with beneficiaries (to reduce suspicion or disputes).

6. Advertise widely for unknown heirs, using newspapers, local announcements, community networks.

7. Check registry requirements frequently (forms, fees change).

8. Ensure sureties or bonds are acceptable to registry (have credible guarantors).

9. Confirm publication media (which newspapers or gazettes are acceptable in Ogun).

10. Follow up persistently on incomplete steps (valuations, signatures, assessments).

11. Insure against executor liability by acting prudently, seeking court approval where doubtful.

12. After grant, act quickly to secure assets before unanticipated claims or losses.

9. Checklist for Executors / Administrators in Ogun State

Here is a checklist you (or your legal advisor) can use:

10. Sample Template Letters / Forms (for WordPress Appendix)

You can include sample templates in your WordPress article to help users (they may adapt with legal help). Below is a rough outline.

10.1 Sample Application Letter (to Probate Registrar)

I, [Full Name of Applicant], of [Address], do respectfully apply for the grant of **[Probate / Letters of Administration]** in respect of the estate of **[Full Name of Deceased]**, late of **[Address of Deceased]**, who died on **[Date of Death]**.

10.2 Sample Oath / Affidavit Format

We disclaim the above illustrations; please confirm with the Ogun Probate Registry or a legal professional.

11. Frequently Asked Questions (FAQs)

Q1: How long does it take to process probate in Ogun State?
A: In uncontested, straightforward cases, it might take a few months (2–6 months). But delays are common due to incomplete documents, objections, valuation holdups, or registry backlog.

Q2: What if I can’t locate the will?
A: If there’s no will found, you must proceed via Letters of Administration (intestate procedure). If later the will is found and valid, the process could revert to probate or administration with will annexed.

Q3: Can a foreign grant (from another country) apply in Ogun State?
A: Yes, via resealing in the Ogun State Probate Registry under applicable law (Probate (Resealing) Act) so that it holds for assets in Ogun State. tundeadisa.com

Q4: What is the cost or rate of probate duty in Ogun State?
A: The precise rate depends on state law, registry practice, and value of the estate. It could be between 5% and 10% or other scale. You must verify with Ogun State Registry for current fee schedule.

Q5: What if there is a dispute among beneficiaries?
A: Interested parties may file objections or caveats. In contested cases, the matter may go to court, and legal representation will likely be required.

Q6: Can a minor or someone mentally incapacitated be an executor/administrator?
A: Typically no. The person must be an adult of sound mind and legally capable. Guardianship or court-appointed administrators may be needed for minors.

Q7: Are there tax implications (estate tax)?
A: Nigeria has abolished federal estate duty, but state-level charges, stamp duties, or registration fees may still apply. Always check local laws in Ogun State.

Q8: What if additional assets are found later?
A: Make application for certificate of additional assets with registry to incorporate them under the grant.

Q9: Can I renounce my right to be executor/administrator?
A: Yes, an executor or eligible administrator can renounce or decline, allowing another in the priority list to act.

12. Conclusion & Call to Action

Processing probate in Ogun State is a legal journey that demands patience, accuracy, thorough documentation, and often professional legal guidance. While the steps are broadly similar to other Nigerian states, local practice nuances—forms, fees, registry requirements—can make a real difference.

If you are facing a probate matter in Ogun State, don’t go it alone. Contact a qualified probate or estate lawyer in Ogun State who understands both statutory and customary issues in your locality. They can:

• Review your situation and advise whether to pursue probate or letters of administration

• Help you compile and check your documents

• Deal with valuation, bond, interviews, publications

• Handle objections, disputes, court appearances.

Contact UsChaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos 📞 0806 555 3671, 08096888818,📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com