Lagos Property Succession Without a Will: Legal Guide

Introduction

Death, though inevitable, often leaves behind unfinished legal matters—particularly where property ownership is concerned. In Lagos, a city where land values rise daily and families span multiple generations, the death of a property owner without a will (intestate) can lead to serious confusion, family conflicts, and even loss of estate value.

The law, however, provides a clear path for resolving such matters. Property succession without a will in Lagos is governed by statutory rules under the Administration of Estates Law of Lagos State (2015) and, in some cases, customary and Islamic laws depending on the deceased’s background.

This article offers a complete legal guide for families, spouses, children, and next-of-kin on how property devolves when a Lagos resident dies intestate. It explains the procedures, authorities involved, and how to safeguard rightful inheritance through the formal Letters of Administration process.

Understanding Intestacy

A person dies intestate when they die without a valid will or where the will they made is invalid. In such cases, Lagos law steps in to determine:

1. Who may administer the estate, and
2. How the property is distributed among surviving relatives.

The property of the deceased, known as the estate, includes:

• Houses and lands (real property);
• Bank deposits, shares, investments, and business interests;
• Personal effects such as vehicles, jewellery, or valuable items.

Applicable Laws in Lagos

1. Administration of Estates Law of Lagos State 2015 – provides the statutory framework for intestate succession.
2. Probate (Civil Procedure) Rules of Lagos State – sets out detailed application procedures at the Probate Registry.
3. High Court of Lagos State (Civil Procedure) Rules 2019 – governs court applications in contested estates.
4. Customary or Islamic Law – may apply if the deceased was subject to customary or Islamic personal law.

First Step: Identify the Legal Heirs

The law recognizes certain people as entitled to apply for Letters of Administration. Priority is usually given as follows:

1. The surviving spouse;
2. The children of the deceased;
3. The parents;
4. The brothers and sisters;
5. Other blood relatives if closer family is unavailable.

The Probate Registry often requires joint representation—for instance, a spouse and one adult child, or two senior relatives—to prevent later disputes.

Procedure for Property Succession Without a Will in Lagos

Step 1 – Obtain the Death Certificate

This is the foundational document proving the person’s death. It can be obtained from:

• The National Population Commission (NPC),
• The hospital where death occurred, or
• The Local Government Registry.

Step 2 – Identify and Secure Estate Assets

The family must immediately secure:

• Title documents for landed property;
• Bank account details;
• Vehicle documents;
• Share certificates or business papers.

Taking early possession prevents encroachment, especially for properties in fast-developing areas like Lekki, Ikeja, or Surulere.

Step 3 – Apply for Letters of Administration

The lawful authority to manage the deceased’s property comes only after the issuance of Letters of Administration by the Probate Registry of the High Court of Lagos State (Ikeja or Lagos Island Division).

Applicants must collect and complete the standard forms:

• Form 1A – Application for Letters of Administration
• Form 2A – Inventory of Assets and Liabilities
• Form 3A – Declaration as to Next of Kin
• Form 5A – Oath of Administration

These forms are sworn before the Commissioner for Oaths and filed with all supporting documents.

Step 4 – Verification of Next-of-Kin

The Probate officers confirm that the applicants are genuine next-of-kin. Supporting evidence may include:

• Marriage certificate (for spouse applicants);
• Birth certificates (for children);
• Family head’s confirmation letter.

Step 5 – Public Notice (Caveat Publication)

The Registry publishes a Notice of Application in a national newspaper and on the court notice board for 21 days.
This gives others with potential claims an opportunity to object by entering a caveat.

Step 6 – Estate Valuation

Court-appointed valuers inspect all declared assets—lands, houses, vehicles, investments—and issue a valuation report.
The value determines probate fees, typically 2 % – 10 % of estate worth.

Step 7 – Sureties (Guarantors)

Two reputable Lagos-based sureties must guarantee faithful administration. They present property documents and tax clearances to the court.

Step 8 – Payment of Probate Fees

Applicants then pay all assessed probate and administrative fees at the designated court bank or portal. Receipts are filed for verification.

Step 9 – Probate Interview

The Probate Registrar may invite the applicants for an oral interview to confirm relationship and ensure transparency.

Step 10 – Issuance of Letters of Administration

After successful verification and publication with no objection, the Probate Judge signs and seals the Letters of Administration.
This document authorizes the administrators to:

• Access the deceased’s bank accounts;
• Sell, transfer, or lease properties;
• Pay debts and share the estate according to law.

Distribution of Property Under Lagos Intestacy Law

Where there is no will, property devolves according to statutory rules and, where applicable, customary law.

1. Under the Administration of Estates Law (Statutory Intestacy)

• Spouse and children share the estate equally in specified proportions.
• If there is no spouse or child, it devolves to parents; then siblings; then extended family.

2. Under Customary Law

For persons who lived under traditional systems (e.g., Yoruba customary law), real property usually devolves to the family as communal property, managed by the family head and principal members.

3. Under Islamic Law

For Muslims, distribution follows Sharia principles of inheritance (Faraid), allocating fixed shares to heirs — spouse, children, and parents.

Example of Statutory Distribution (Illustration)

If Mr Ade dies intestate in Lagos leaving:

• A wife and three children, and
• Properties worth ₦100 million.

Under the Administration of Estates Law:

• The wife takes one-third of the estate;
• The children share two-thirds equally.

If no children exist, the spouse and parents share equally.

Case Study 1 – Intestate Estate in Lekki

A businessman died owning multiple properties in Lekki without a will. His brothers attempted to sell one house, excluding the widow.
Upon intervention by Chaman Law Firm, we filed for Letters of Administration in her name and that of her eldest son.
The court restrained further sale, ordered estate valuation, and directed lawful distribution after grant.

Lesson: Only duly appointed administrators can lawfully manage or sell a deceased’s property.

Case Study 2 – Family Conflict Over Customary Estate (Agege)

A family relied on Yoruba customary law after their patriarch’s death. Two branches claimed ownership of rental houses.
Through mediation and legal guidance, a family constitution was drawn and registered, naming the family head and secretary as joint managers under the customary system.

Lesson: Even under customary law, formal legal documentation prevents internal conflict.

Key Duties of Administrators

Once Letters of Administration are granted, administrators must:

1. Collect and secure all estate assets.
2. Pay debts and funeral expenses.
3. Maintain clear records of all transactions.
4. Distribute property to rightful heirs.
5. Render periodic accounts to the Probate Registry.

Failure to comply can result in revocation of grant and personal liability.

Grounds for Revocation of Letters of Administration

The court may revoke the grant if:

• It was obtained by fraud or concealment;
• Administrators fail to file estate accounts;
• Beneficiaries are excluded; or
• A valid will is later discovered.

Preventing Property Disputes in Intestate Succession

1. Maintain proper title documentation for all properties.
2. Register ownership of assets in your legal name, not family aliases.
3. Inform family members of properties to prevent concealment.
4. Engage professional lawyers early in the process.
5. Encourage will-making to avoid intestacy complications.

Probate Fees (Illustrative Range)

High-value properties in areas like Ikoyi or Victoria Island attract higher fees due to valuation charges.

Typical Timeline

Frequently Asked Questions (FAQs)

1. Can a property be sold before Letters of Administration are issued?

No. Any sale before issuance is void and illegal.

2. Can more than one person apply for Letters of Administration?

Yes. The Registry often requires at least two joint administrators.

3. Can a family member object to an application?

Yes, by entering a caveat within the 21-day publication period.

4. What happens if an administrator dies?

A substituted administrator may be appointed upon application.

5. Is the process different for Muslims?

Yes. The distribution follows Islamic inheritance principles though the Letters still issue from the Probate Registry.

6. Can foreign assets be included?

Yes, but may require separate confirmation or resealing in the foreign jurisdiction.

7. What if the deceased owned land jointly with another person?

Only the deceased’s share is subject to succession; the joint owner retains theirs.

Recent Developments

The Lagos State Judiciary now operates a semi-automated E-Probate System enabling:

• Online submission and payment;
• Faster verification; and
• Transparent valuation tracking.

These reforms reduce delay and enhance accountability.

Conclusion

Property succession without a will in Lagos requires patience, transparency, and legal guidance. The Letters of Administration process protects both the deceased’s legacy and the beneficiaries’ rights. While it may seem bureaucratic, following the law prevents family disputes and ensures equitable distribution of wealth.

Ultimately, prevention is better than cure — making a valid will remains the most effective way to protect your property and family. But where no will exists, the Lagos probate system provides the lawful bridge to succession.

Call to Action

At Chaman Law Firm, we are experts in Probate, Estate Administration, and Property Succession Law. We assist families, widows, and beneficiaries in obtaining Letters of Administration, managing estates, and resolving inheritance disputes swiftly and lawfully.

Contact Us

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
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