Estate Administration in Lagos State: Role of Probate Lawyers and Legal Procedure
Introduction
In the bustling city of Lagos, where real estate is prime and family assets often span generations, the importance of proper estate administration cannot be overstated. When a person passes away, their properties, investments, and personal assets don’t simply vanish; they must be legally transferred or distributed to rightful heirs. This process, known as estate administration, is governed by specific legal procedures and often requires the expertise of seasoned probate lawyers. In Lagos State, probate matters are primarily handled through the Probate Registry of the High Court. This article provides a detailed exploration of estate administration in Lagos, the role of probate lawyers, and the intricate legal procedures involved.
Understanding Estate Administration
Estate administration refers to the legal process of managing and distributing a deceased person’s estate, which includes their assets, debts, and obligations. It ensures that:
-
The deceased’s wishes (if there is a Will) are respected,
-
The estate is protected from mismanagement,
-
Beneficiaries receive their entitlements, and
-
Debts and taxes owed by the deceased are paid.
There are two main forms of estate administration:
-
Testate (where the deceased left a valid Will)
-
Intestate (where the deceased died without a valid Will)
Each type follows a slightly different legal process, especially in the application for probate or letters of administration.
Probate Registry in Lagos State
The Probate Registry of the High Court of Lagos State is the government body responsible for handling the grant of probate and letters of administration. It is located at the Ikeja and Lagos Island judicial divisions, and its core responsibilities include:
-
Receiving and verifying applications for probate and letters of administration
-
Supervising the inventory and valuation of the deceased’s estate
-
Ensuring that the estate is administered lawfully and fairly
-
Preventing fraudulent claims over a deceased person’s estate
Legal Framework for Estate Administration in Lagos
The administration of estates in Lagos State is governed by various laws, including:
-
Administration of Estates Law of Lagos State
-
Probate Rules of Lagos State
-
Wills Law of Lagos State
-
High Court Civil Procedure Rules
-
Companies and Allied Matters Act (CAMA) (in cases involving corporate interests)
-
Personal Income Tax Act (in relation to inheritance tax)
These laws outline the process of application, roles of executors or administrators, responsibilities of probate lawyers, and rights of beneficiaries.
Who is a Probate Lawyer?
A probate lawyer is a legal professional who specializes in estate law, particularly in matters relating to the administration of estates, wills, trusts, and inheritance disputes. In Lagos, a probate lawyer plays a critical role in:
-
Assisting clients with application for probate or letters of administration
-
Advising beneficiaries and executors on their legal rights and obligations
-
Representing clients in disputes regarding the distribution of estate assets
-
Drafting and interpreting wills and other testamentary documents
-
Ensuring compliance with the Probate Registry requirements
Steps in the Estate Administration Process
Here is a breakdown of the typical steps involved in administering an estate in Lagos:
Step 1: Determine Whether the Deceased Left a Will
-
If a Will exists → Probate is required.
-
If no Will → Letters of Administration must be obtained.
Step 2: Apply for Probate or Letters of Administration
For Probate (Testate Estate):
-
File an application to the Probate Registry with:
-
Original Will
-
Death Certificate
-
Passport photographs of executors
-
Application letter
-
Oath of Executors
-
Inventory of assets
-
For Letters of Administration (Intestate Estate):
-
File with:
-
Death Certificate
-
Next-of-kin details
-
Inventory of assets
-
Sureties’ forms
-
Passport photographs of proposed administrators
-
Step 3: Publication of Notice
-
The Probate Registry will publish a notice in a national newspaper inviting objections from the public within 21 days.
Step 4: Estate Valuation
-
The estate must be valued by a government-approved valuer.
-
An estate fee is calculated based on the valuation.
Step 5: Payment of Estate Duty
-
A statutory fee (usually between 5% to 10%) is paid to the Lagos State Government based on the estate value.
Step 6: Issuance of Grant
-
If there are no objections and all conditions are met, the Probate Registry issues:
-
Grant of Probate (if there was a Will)
-
Letters of Administration (if no Will)
-
Step 7: Administration and Distribution
-
The executor or administrator takes over the management of the estate and begins the distribution to beneficiaries according to the Will or statutory rules.
Duties of an Executor or Administrator
Whether appointed by a Will or the court, an executor or administrator has the fiduciary duty to:
-
Locate and secure the deceased’s assets
-
Pay funeral expenses, debts, and taxes
-
Keep records and provide an inventory to the Probate Registry
-
Distribute assets to rightful beneficiaries
-
Resolve disputes among beneficiaries
Failure to discharge these duties properly can result in legal liabilities.
Role of Probate Lawyers in Estate Administration
Probate lawyers assist in simplifying and legalizing the entire estate process. Their major responsibilities include:
a. Legal Guidance
They interpret legal documents, ensure due process, and explain technical legal issues to clients in layman’s terms.
b. Document Preparation
They prepare and file the required forms such as:
-
Application for probate
-
Oath of executors/administrators
-
Inventory and valuation forms
-
Sureties and guarantee documents
c. Compliance Monitoring
Probate lawyers ensure that clients comply with all procedural rules, timelines, and government regulations.
d. Estate Disputes
They mediate or litigate disputes over inheritance, title to property, or claims by third parties.
e. Asset Recovery
They assist in identifying, recovering, and securing bank accounts, landed properties, shares, pensions, and other movable or immovable assets.
Common Challenges in Estate Administration in Lagos
Estate administration is often fraught with challenges, especially when:
-
There is no Will
-
Beneficiaries are in dispute
-
Asset documentation is incomplete
-
The estate includes properties under government acquisition
-
There are multiple claimants or legal heirs
Probate lawyers help overcome these obstacles through proper legal structuring, mediation, and representation.
Duration of the Process
Typically, the process takes:
-
3–6 months for probate (with a valid Will and no disputes)
-
6–12 months or more for letters of administration (especially if there are disputes, missing documents, or multiple claimants)
Hiring a competent probate lawyer helps fast-track the process and avoid unnecessary delays.
Cost of Estate Administration in Lagos
The total cost depends on:
-
Size and value of the estate
-
Legal fees of the probate lawyer
-
Statutory fees payable to the Probate Registry
-
Cost of valuation and publication
Most lawyers charge either a percentage of the estate (usually 5–10%) or a flat fee depending on the complexity.
Importance of Making a Will in Lagos State
Estate administration becomes significantly easier when the deceased leaves a valid Will. The Will helps:
-
Clearly identify beneficiaries
-
Appoint executors
-
Prevent family disputes
-
Fast-track the probate process
-
Protect the estate from fraud
Probate lawyers also assist individuals in drafting valid Wills, ensuring that they comply with the Wills Law of Lagos.
Digital Tools in Estate Administration
With digitization, Lagos State now allows some aspects of probate services online. These include:
-
Tracking applications through the Lagos State Judiciary e-filing platform
-
Online search for registered Wills
-
Payment of probate fees electronically
Frequently Asked Questions (FAQs)
Q1: Can probate be granted without a lawyer?
Yes, but it is not advisable due to legal complexities. A lawyer helps ensure speed, compliance, and success.
Q2: What happens when multiple family members apply for Letters of Administration?
The court determines the most suitable persons, often requiring sureties to guarantee accountability.
Q3: Can probate be contested?
Yes. A Will can be challenged if there are suspicions of forgery, undue influence, or lack of capacity.
Q4: What if the estate includes properties in multiple states?
A resealing of probate may be required in each state where assets are located.
Conclusion
Estate administration is not just a legal obligation—it is a duty to honor the legacy of loved ones and protect family inheritance. Whether you’re an executor, a beneficiary, or someone concerned about the future distribution of your property, seeking legal guidance early is the wisest decision. In Lagos State, probate lawyers serve as invaluable guides in navigating the intricate terrain of probate law, offering clarity, protection, and peace of mind throughout the journey.
How Chaman Law Firm Can Assist
At Chaman Law Firm, we understand the emotional and legal complexities involved in estate administration. We provide:
-
Free initial consultations
-
Will drafting and estate planning
-
Application for probate and letters of administration
-
Legal representation in inheritance disputes
-
Fast-tracking of probate processes
Contact us today at:
📍 Chaman Law Firm 115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos 📞 0806 555 3671 📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com