Introduction

Losing a loved one is never easy, and the aftermath can be overwhelming, especially when it comes to settling their estate. One critical process in the administration of a deceased person’s estate in Nigeria is obtaining probate. Probate is a legal procedure that validates a deceased person’s will and authorizes the executor to distribute the estate according to the will’s instructions.

In Nigeria, the probate process is essential in ensuring that the deceased’s estate is administered properly and fairly. If you’re an executor or an administrator of an estate, it’s crucial to understand how to obtain probate to avoid any legal issues during the estate administration process.

This guide will explain the step-by-step process of obtaining probate in Nigeria, the importance of probate, and how you can ensure that the estate is handled according to the deceased’s wishes. Whether you’re an executor of a will or an administrator handling an intestate estate (where no will exists), this guide will provide you with the key steps involved.

What is Probate?

Before diving into the specifics of how to obtain probate, it’s important to understand what probate is and why it matters in estate administration.

Probate is the legal process through which the will of a deceased person is validated by a court, and the executor is given the authority to distribute the deceased’s estate in accordance with the instructions in the will. The probate process also involves settling the deceased’s debts and taxes, ensuring that their assets are properly divided among beneficiaries, and addressing any disputes that may arise.

If the deceased did not leave a will (intestate), the court will appoint an administrator to handle the estate, and the process will be known as Letters of Administration, rather than probate.

In both cases—whether the deceased had a will or not—obtaining probate is crucial to legally access and distribute the deceased’s assets.

Why is Probate Important?

Probate is an essential legal process that ensures proper administration of the deceased’s estate. The reasons for obtaining probate include:

Validation of the Will: Probate ensures that the will is authentic and legally valid, providing the executor or administrator the authority to manage the deceased’s estate.
Distribution of Assets: With probate, the assets of the deceased can be legally transferred to the beneficiaries, ensuring that their wishes (as outlined in the will) are respected.
Debt Settlement: Probate allows the estate to pay off any debts owed by the deceased before assets are distributed to beneficiaries.
Prevention of Fraud: The probate process helps prevent fraudulent claims on the estate by ensuring that only legitimate claims are considered.
Legal Protection for Executors: Probate provides legal protection for executors and administrators, confirming their authority to act on behalf of the estate.

Obtaining probate is, therefore, a crucial step in ensuring that the estate is legally and properly managed.

Step-by-Step Guide: How to Obtain Probate in Nigeria

The process of obtaining probate in Nigeria involves several key steps, which are outlined below:

Step 1: Check for a Will

The first step in the probate process is to determine if the deceased person left a valid will. If there is a will, it should detail the distribution of assets and the appointment of an executor who is responsible for handling the estate.

If there is a will: The will must be taken to the probate registry for validation. The executor named in the will will apply for probate to obtain legal authority to administer the estate.
If there is no will (intestate): The court will appoint an administrator to manage the estate. The administrator will apply for Letters of Administration instead of probate.

Step 2: Gather Required Documents

Once you’ve established whether the deceased left a will, the next step is to gather all the necessary documents for the probate application. These documents typically include:

Death Certificate: A certified copy of the deceased’s death certificate is required to initiate the probate process.
The Original Will: If there is a will, the original signed document must be presented. If there is no will, evidence of the deceased’s intestate status is required.
Identification of Executor or Administrator: The person applying for probate or Letters of Administration must provide identification to prove their role.
Asset List: A detailed inventory of the deceased’s assets, including real estate, bank accounts, investments, and personal property.
Proof of Relationship: Documents that establish the applicant’s relationship to the deceased, such as marriage certificates or birth certificates.

These documents must be submitted to the relevant probate court to initiate the process.

Step 3: Apply for Probate at the Probate Court

The next step in obtaining probate is to file an application at the relevant probate court. In Nigeria, probate matters are usually handled by the High Court of the state where the deceased was domiciled at the time of their death. The application process typically involves:

Filing the Petition: The executor (or administrator) submits a petition to the court for probate. This petition must include the original will (if available), the death certificate, and other supporting documents.
Affidavit of Executor or Administrator: The applicant may be required to submit an affidavit detailing their appointment and capacity to act as the executor or administrator.
Notice of Application: A notice is usually published in a newspaper informing the public that an application for probate is being made. This notice allows interested parties to raise any objections to the probate application.

Once the application is filed, the probate court will review the documents and may schedule a hearing.

Step 4: Attend the Hearing

In some cases, the probate court may require a hearing. During the hearing, the court will review the petition and verify the authenticity of the will. If there are no objections and the court finds the will valid, the judge will grant probate and officially appoint the executor to administer the estate.

If there are objections: If someone contests the will or the probate application, the court will consider the objections and may require additional evidence or documentation before granting probate.
If there is no will (intestate): In cases where there is no will, the court will issue Letters of Administration, appointing an administrator to handle the estate.

Step 5: Obtain the Grant of Probate

Once the probate court is satisfied with the documents and the hearing (if applicable), the court will grant probate, or issue Letters of Administration if the person died intestate. The grant of probate is an official court document that confirms the executor’s authority to distribute the deceased’s assets.

At this point, the executor or administrator can legally begin the process of administering the estate, including paying any outstanding debts, taxes, and distributing assets according to the will or Nigerian inheritance laws.

Step 6: Administer the Estate

After obtaining probate, the executor or administrator can begin the process of administering the estate. This involves:

Settling Debts and Taxes: The first step is to settle any outstanding debts, including funeral costs, unpaid bills, and taxes. The executor may need to work with financial institutions and creditors to clear these debts.
Distributing Assets: Once debts are settled, the executor can distribute the deceased’s assets to the beneficiaries according to the instructions in the will (or, in the case of intestacy, according to Nigerian inheritance laws).
Final Account: The executor must provide an account of how the estate was administered, including details of any sales, payments, or distributions made.

Legal Implications of Probate

Obtaining probate has legal implications, especially for the executor or administrator. These include:

Fiduciary Duty: The executor or administrator has a legal duty to act in the best interests of the beneficiaries and to comply with the terms of the will or Nigerian inheritance laws.
Legal Liability: Executors can be held legally liable for any mismanagement of the estate, fraud, or failure to pay debts properly.
Debts of the Estate: The estate is responsible for settling all debts of the deceased before assets are distributed. Failure to pay these debts could result in personal liability for the executor or administrator.

Common Challenges in the Probate Process

The probate process in Nigeria can sometimes be complex and fraught with challenges, such as:

Disputes Among Beneficiaries: Family members or beneficiaries may contest the validity of the will or the appointment of the executor.
Delays in the Court Process: The probate process can take time, especially if there are disputes or if the court backlog is heavy.
Missing or Incomplete Documentation: Missing documents or an incomplete will can delay the probate process.

Having a clear understanding of the process and working with a legal expert can help resolve these challenges efficiently.

If you’re looking for professional legal advice and assistance in obtaining probate or administering an estate, Chaman Law Firm is here to help. Contact us today to schedule a consultation, and let our experienced legal team assist you in navigating the probate process with ease and confidence.

Conclusion

Obtaining probate for a deceased estate in Nigeria is a critical process that ensures the proper legal administration of the estate. Whether you are an executor managing a will or an administrator handling an intestate estate, it’s crucial to understand the steps involved and the legal requirements.

By following the steps outlined in this guide, you can obtain probate and ensure that the estate is administered according to the deceased’s wishes. Remember to seek legal advice to avoid common pitfalls and ensure a smooth process.

For expert legal assistance with obtaining probate or handling any estate-related matters in Nigeria, Chaman Law Firm is here to help.

Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.

Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs.

How to Obtain Probate for a Deceased Estate in Nigeria: A Comprehensive 6 Steps Guide