Avoiding Mistakes in Applying for Probate in Nigeria – Expert Legal Insights

Need help with Legal Matters?

Get free legal advice

Contact us to get the best legal advice for your legal matters today from the top lawyers in Nigeria

Table of Contents

Avoiding Mistakes in Applying for Probate in Nigeria – Expert Legal Insights
Facebook
Twitter
LinkedIn
WhatsApp

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

 

To Top