Introduction
When a property owner in Lagos passes away, transferring ownership of their real estate is not simply a matter of handing over the keys. It involves a structured legal process under the state’s succession and land laws to ensure validity, protection of rights, and avoidance of future disputes. Whether the deceased left a will or died intestate (without a will), the heirs or beneficiaries must navigate probate or letters of administration, statutory inheritance rules, and land-registry compliance to effect a lawful transfer of the property.
In this guide, we unpack how to transfer ownership of property in Lagos after a death—covering every step from securing the grant, obtaining assent, through to registering the new title—so that heirs and legal practitioners alike can proceed with clarity and confidence.
Legal Framework
Key laws and principles to keep in mind:
- Administration of Estates Law of Lagos State 2015 – Governs administration of deceased estates where there is no valid will.
- Land Use Act 1978 (as applicable) & state land laws – govern transfer of land titles and the need for Governor’s consent.
- The requirement of a Grant of Probate (if there is a will) or Letters of Administration (if no will) from the Probate Registry of the High Court. chamanlawfirm.com+3Mondaq+3trustedadvisorslaw.com+3
- The legal instrument of Assent or Deed of Assent – required to vest the inherited estate in the beneficiaries. Mondaq+1
Step-by-Step Procedure for Transferring Ownership After a Death in Lagos
Step 1: Secure the Death Certificate
The first essential document is the deceased’s official death certificate, issued by the appropriate authority. This serves as proof of death and is required for subsequent probate or administration. chassis.ng+1
Step 2: Obtain the Grant – Probate or Letters of Administration
- If the deceased left a valid will, apply for a Grant of Probate.
- If no will exists, apply for Letters of Administration under the Administration of Estates Law. Mondaq+1
The grant legitimizes the personal representative (executor or administrator) to act on the estate—including property.
Step 3: Inventory and Valuation of Estate Assets
Once the grant is secured, the estate’s assets—including the property—must be inventoried and valued. The valuation often impacts duties or fees. trustedadvisorslaw.com
Step 4: Prepare the Assent or Deed of Assent
Following the grant, the personal representative prepares a Deed of Assent (or “Assent-instrument”) to vest the property in the rightful beneficiary/beneficiaries. The Deed of Assent is a key document enabling the land registry transfer. Mondaq
Step 5: Apply for Transfer of Title at the Land Registry
With the grant and deed of assent in hand, the next step is registering the title in the beneficiary’s name at the appropriate land registry. This includes:
- Presenting the Certificate of Occupancy (C of O) or deed of assignment (as applicable).
- Paying any outstanding land‐registry fees, stamp duties, and completing registration formalities.
- In Lagos, if the land is under the Land Use Act, Governor’s Consent may be necessary before registration becomes valid. Adeola Oyinlade & Co+1
Step 6: Ensure Clear Title and Remove Encumbrances
Before final registration, conduct a title search to confirm that the deceased’s title was valid, free of undisclosed mortgages, liens, or disputes. Mondaq+1
Step 7: Notify Relevant Parties and Update Records
Once transfer is completed:
- Notify any tenants, if applicable.
- Update land tax records, utility accounts, and any property management records.
- Ensure that tax or other estate obligations have been settled.
Special Considerations
- Joint ownership: If the property was held jointly (e.g., with right of survivorship), the surviving co-owner may automatically inherit without full probate. patrelipartners.com
- Multiple states or jurisdictions: If the deceased held assets or had residence outside Lagos, additional resealing or cross-jurisdiction procedures may apply. probate.lagosjudiciary.gov.ng+1
- Customary or Islamic succession rules: Where the estate is governed by customary law or Sharia, distribution patterns may differ. Ensure alignment with statutory framework. naijahouses.com
Common Pitfalls to Avoid
- Attempting to transfer land before securing the grant (probate or letters) – title transfers without grant are invalid. Mondaq+1
- Failing to obtain Governor’s Consent when required – transfers may be void under the Land Use Act. Adeola Oyinlade & Co
- Overlooking family contestation – beneficiaries must ensure no unresolved caveats or competing claims.
- Ignoring evoked property encumbrances – undisclosed mortgages or liabilities can hamper registration.
- Missing stamp duty or registration fees – deficiencies will delay or invalidate the transfer.
Timeline and Expected Duration
While every estate is unique, a smooth transfer (uncontested and fully documented) often follows this timeline:
- Grant application (probate or letters): approximately 2-4 months. trustedadvisorslaw.com
- Assent and preparation of documents: 1-2 weeks.
- Title registration at the land registry: variable (often weeks to a few months, depending on complexity and backlog).
Hence, the whole process from death to registered transfer may take 3 to 6 months, and longer if disputes or missing documents arise.
Why Legal Representation Is Crucial
Engaging a property law specialist ensures:
- The grant process is handled accurately (avoiding technical rejection).
- Title searches and title clearance are thoroughly conducted.
- Deed of Assent and transfer documentation are flawlessly drafted.
- Deadlines, filing requirements, and statutory notices are correctly complied with.
At Chaman Law Firm, we specialise in estate and property succession matters—ensuring heirs successfully transfer inherited property in Lagos without avoidable delay or risk.
Conclusion
Transferring ownership of a deceased person’s property in Lagos is a multi-stage legal process—beginning with securing the grant (probate or letters), preparing the assent, and culminating in proper title registration. When handled correctly, it safeguards the beneficiary’s rights, ensures compliance with Lagos formalities, and minimises future disputes.
If you or your clients are dealing with property succession after a death in Lagos, follow the outlined steps carefully—and seek expert legal guidance to secure a clean, effective transfer of ownership.
Call to Action
At Chaman Law Firm, we offer end-to-end legal services for property succession and estate transfer in Lagos and Ogun States. From obtaining the necessary grants through to title registration and estate closure, our team stands ready to support you.
Contact us today to schedule a consultation and ensure your inherited property is transferred legally, promptly, and professionally.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,
