How to Get Grant of Probate in Nigeria Without Delay – Legal Expert Breakdown
Introduction
When someone you love passes away, emotions run high, and the grief can feel unbearable. Unfortunately, in Nigeria, grief is often compounded by another heavy burden—the legal and financial responsibility of dealing with the deceased’s estate. Families quickly realize that without proper legal documentation, they cannot withdraw money from bank accounts, transfer property, or even access basic benefits left behind. This is where the grant of probate comes in.
A grant of probate is the official authority given by the court to executors named in a will to manage and distribute the estate of the deceased. Without it, executors have no legal standing to act on behalf of the deceased. Yet, despite its importance, many families delay or struggle through the probate process due to lack of knowledge, incomplete documentation, family disputes, or bureaucracy.
This article provides a comprehensive, expert-level breakdown of probate in Nigeria. It explains what probate is, why it matters, how to apply, what causes delays, and how to avoid them. More importantly, it provides practical strategies from a lawyer’s perspective on how families and executors can secure probate quickly and lawfully. By the end of this guide, you will have the confidence to navigate probate in Nigeria—or better still, know why engaging an experienced estate lawyer from the start is the smartest decision.
What Exactly is Probate in Nigeria?
Probate is the process of proving a will in court and confirming that it is the valid last testament of the deceased. It is the legal recognition that the will is authentic and enforceable. Once the probate court is satisfied that the will meets all legal requirements, it issues a grant of probate to the executors named in the will.
This grant is not just a piece of paper. It is the power of authority that allows executors to:
Collect the deceased’s assets (money, property, investments, vehicles, etc.).
Pay off debts, mortgages, and taxes owed by the deceased.
Protect the estate against fraud and encroachment.
Distribute the estate according to the terms of the will.
In Nigeria, without a grant of probate, executors cannot take any legal action on behalf of the deceased’s estate.
The Legal Foundation of Probate in Nigeria
Probate is not just a practice; it is backed by Nigerian law. The key sources of law include:
The Land Use Act 1978 – While primarily governing land ownership, it also affects probate since most estates involve land.
The Wills Act of 1837 (an English statute still in force in Nigeria) – Sets the legal requirements for valid wills.
The Wills Law of Lagos State and Other States – Local versions of the Wills Act, with slight variations.
The Administration of Estates Law (Cap. 3) – Provides detailed rules on probate and estate administration.
The High Court (Civil Procedure) Rules – Lays down procedures for filing probate applications at the Probate Registry.
Case Law – Judicial precedents such as Ukeje v. Ukeje (2014) continue to shape probate practices.
Together, these laws ensure that probate is not just an administrative process but a legally binding procedure protecting both beneficiaries and creditors.
Who Can Apply for a Grant of Probate?
The only people legally entitled to apply for a grant of probate are the executors named in the will.
If the deceased did not name executors, or if the named executors are dead, unwilling, or unable to act, then the family must apply for letters of administration with will annexed instead. In that case, the court appoints administrators, not executors, to manage the estate.
Executors have a fiduciary duty to:
Act in good faith.
Protect the estate.
Avoid self-interest.
Follow the wishes of the will.
Failure to perform these duties can lead to legal consequences, including removal by court order.
Step-by-Step Guide to Getting Probate in Nigeria
Step 1: Lodging the Will at the Probate Registry
Once a person dies, the will (if available) must be deposited at the Probate Registry of the High Court. The registry records the will and schedules it for verification.
Step 2: Application for Probate
The executor applies for probate by filing official forms and supporting documents. These include an oath of executors and a detailed inventory of assets and liabilities.
Step 3: Verification of the Will
The will is “marked” in open court. This step ensures it meets legal requirements, including signatures, attestation, and clarity.
Step 4: Newspaper Publication
The Probate Registry publishes a notice in a widely circulated newspaper. This alerts the public, giving creditors or other interested parties the opportunity to raise objections.
Step 5: Estate Valuation
The Probate Registry requires a valuation of the deceased’s assets. This includes real estate, bank accounts, shares, and personal property. The valuation determines the probate fees payable.
Step 6: Payment of Probate Fees
Executors must pay statutory probate fees based on the assessed value of the estate. This fee can be significant, ranging from 5% to 10% of estate value in some states.
Step 7: Issuance of Probate
Once the court is satisfied with all documents and no objections remain, the grant of probate is issued. Executors can now act with full legal authority.
How Long Does Probate Take in Nigeria?
Probate in Nigeria generally takes between six months to one year. However, some families wait much longer—sometimes three to five years—due to mistakes, disputes, or bureaucracy.
The timeline depends on:
Completeness of documentation.
Whether there are objections or caveats.
The efficiency of the Probate Registry.
Prompt payment of fees.
Causes of Delay in Probate Applications
Family Disputes – Rival heirs may challenge the will, delaying probate.
Fraudulent Caveats – Dishonest relatives or outsiders may file objections without legal grounds.
Incomplete Documentation – Missing affidavits or survey plans can stall the process.
Delays in Estate Valuation – Large estates with multiple properties take longer to assess.
Bureaucracy at Probate Registries – Some registries are underfunded and slow.
How to Avoid Delays in Probate
Engage a probate lawyer early.
Gather all required documents before filing.
Resolve family disputes privately before going to court.
Pay probate fees promptly.
Follow up consistently at the Probate Registry.
Role of Lawyers in Securing Probate Quickly
A probate lawyer ensures:
Proper preparation of forms and affidavits.
Accurate estate valuation.
Effective response to objections.
Guidance through complex legal requirements.
Faster results due to experience with the registry system.
Case Studies
Case A (Delay) – In Ogun State, a family tried to file probate on their own. They missed key documents, and the registry returned their file three times. The process dragged for four years, leaving the widow unable to pay school fees.
Case B (Smooth Process) – In Lagos, another family engaged an estate lawyer immediately. The lawyer filed complete documents, responded to queries, and secured probate within nine months.
These contrasting stories show why expert guidance is critical.
Probate vs. Letters of Administration
Probate – For estates with a valid will. Executors apply.
Letters of Administration – For estates without a will. Administrators apply.
Both are supervised by the Probate Registry, but probate is usually smoother because the will provides instructions.
Why Families Should Not Delay Probate
Delays in probate often result in:
Frozen bank accounts.
Encroachment on property by relatives or outsiders.
Fraudulent sales of estate assets.
Children and widows left financially stranded.
Prompt action ensures that estates are preserved and dependents are cared for.
Conclusion
The grant of probate is not just a legal formality; it is the key to unlocking and protecting the estate of a deceased person in Nigeria. Without it, families are powerless, no matter how urgent their needs may be. The process can be slow and frustrating, but with proper knowledge and the assistance of experienced estate lawyers, probate can be obtained without unnecessary delay.
If you are an executor or family member facing probate issues, don’t wait until disputes or fraud make things worse. Take action today to secure the grant of probate and safeguard your loved one’s legacy.
Contact Us
At Chaman Law Firm, we specialize in probate, wills, estate administration, and inheritance disputes. Our team of legal experts ensures families obtain probate quickly, avoid costly mistakes, and protect estate assets.
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