Introduction
When a person dies without leaving a valid will — a situation legally described as dying intestate — the administration of their estate in Lagos can only be carried out through a legal process known as obtaining Letters of Administration (LOA).
Without this grant, no relative, spouse, or child can lawfully access, transfer, sell, or distribute the deceased’s assets such as land, houses, money in bank accounts, shares, or vehicles.
In Lagos State, the Letters of Administration process is supervised by the Probate Registry of the High Court of Lagos State. It is designed to ensure that the estate of a deceased person is distributed fairly, legally, and transparently among lawful beneficiaries.
This article explains, in detail, the complete procedure for obtaining Letters of Administration in Lagos State, including the required documents, timelines, fees, statutory authorities, and professional tips for a smooth process.
Legal Basis for Letters of Administration
The procedure is governed by the following laws:
- Administration of Estates Law of Lagos State 2015 (as amended)
- This is the principal legislation that regulates the administration of estates in Lagos.
- Probate (Civil Procedure) Rules of Lagos State
- These rules outline the procedural steps for filing applications, valuations, and grant issuance.
- High Court of Lagos State (Civil Procedure) Rules 2019
- Governs court-related applications and the handling of contested estates.
- Relevant Case Law
- Judicial precedents interpreting the rights of next of kin and duties of administrators.
Meaning of Letters of Administration
Letters of Administration (LOA) is an official document issued by the Probate Registry authorizing appointed persons — known as administrators — to manage and distribute the estate of a deceased person who died without a will (intestate).
The Letters empower the administrators to:
- Access the deceased’s bank accounts;
- Collect rents or dividends;
- Pay valid debts;
- Manage real property; and
- Distribute assets to lawful heirs.
Without this grant, any attempt to dispose of or transfer estate assets is illegal and can be voided by the court.
Who Can Apply for Letters of Administration
In Lagos, Section 49 of the Administration of Estates Law provides that priority is given to the following persons in order:
- The surviving spouse (husband or wife);
- The children of the deceased;
- The parents of the deceased;
- The brothers or sisters;
- Uncles, aunts, nephews, or nieces (if closer relations are unavailable).
Where multiple applicants exist, the Probate Registry may require joint representation by more than one family member to ensure fairness.
Types of Letters of Administration
1. Letters of Administration (Intestate)
Issued when the deceased died without leaving a valid will. It grants authority to next of kin or family representatives.
2. Letters of Administration with Will Annexed
Granted where a person leaves a will but fails to appoint executors, or the named executors are unable or unwilling to act.
Both grants serve the same purpose — empowering administrators to lawfully manage the estate.
Step-by-Step Procedure for Obtaining Letters of Administration in Lagos State
Step 1: Obtain the Death Certificate
The process begins with obtaining a death certificate from:
- The National Population Commission (NPC); or
- The hospital or local government registry where death occurred.
This serves as primary proof of death and identity of the deceased.
Step 2: File Application at the Probate Registry
The next step is to file a formal application at the Probate Registry of the High Court of Lagos State, either at Ikeja Division or Lagos Division (Igbosere).
Applicants are required to complete:
- 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)
Each form must be accurately filled and signed before a Commissioner for Oaths.
Step 3: Verification of Next of Kin and Beneficiaries
The Probate Registry reviews the submitted documents to verify that the applicants are the lawful next of kin.
They may request:
- Marriage certificate (if spouse applies);
- Birth certificates of children;
- Affidavit confirming relationship; or
- Letter from the family head confirming kinship.
This ensures no impersonation or exclusion of rightful heirs.
Step 4: Publication of Notice (Public Caveat)
The Probate Registry publishes a Notice of Application for Letters of Administration in a national newspaper and on the court notice board for 21 days.
This gives other interested parties the opportunity to:
- Object to the grant (by filing a caveat); or
- Provide relevant information regarding the estate.
If no objection is filed within the period, the application proceeds.
Step 5: Estate Valuation
After publication, the court appoints official valuers to inspect and value all assets declared in the estate, including:
- Real estate (land, houses, shops);
- Bank accounts;
- Vehicles;
- Shares and investments;
- Jewelry or personal effects.
The valuation determines the probate fees payable.
Step 6: Payment of Probate Fees
Probate fees (often referred to as estate duties) are assessed based on the gross value of the estate.
They include:
- Court filing fees;
- Publication fees;
- Valuation and administrative fees;
- Official estate duty (usually 2%–10% of estate value).
Applicants must pay through the designated Probate Registry payment portal or bank and submit receipts for clearance.
Step 7: Sureties (Guarantors)
Applicants must provide two reputable sureties (guarantors) who:
- Reside within Lagos State;
- Own verifiable properties; and
- Are willing to guarantee faithful administration of the estate.
The sureties must swear to an affidavit of guarantee, backed by copies of their title documents and tax clearances.
Step 8: Examination of Applicants
The Probate Registrar may summon applicants for oral examination to confirm:
- Their relationship with the deceased;
- The accuracy of estate information; and
- Readiness to comply with duties as administrators.
This stage ensures accountability and eliminates fraudulent claims.
Step 9: Final Assessment and Clearance
Once all documents, payments, and sureties are approved, the Probate Registry prepares a clearance certificate indicating readiness for the final grant.
Step 10: Issuance of Letters of Administration
The Registrar forwards the file to the Probate Judge for approval and signing.
Upon signature, the official Letters of Administration is sealed and issued to the administrators.
This document gives them full authority to:
- Access the deceased’s bank accounts;
- Sell, lease, or manage estate property;
- Pay debts and distribute inheritance.
Estimated Timeline for Letters of Administration in Lagos
| Stage | Duration |
|---|---|
| Death certificate & documentation | 1 week |
| Application filing & verification | 1–2 weeks |
| Publication (notice & caveat period) | 21 days |
| Valuation & fee assessment | 2–3 weeks |
| Examination & clearance | 1–2 weeks |
| Issuance of Letters | 1–3 weeks |
Total average time: 2–3 months for uncontested estates.
Contested applications may extend longer.
Documents Required
- Death Certificate
- Completed Probate Forms (1A–5A)
- Passport photographs of applicants
- Valid means of identification
- Inventory of assets and liabilities
- Evidence of ownership of assets
- Affidavit of Next of Kin
- Marriage and birth certificates (where applicable)
- Guarantors’ affidavits and documents
- Tax clearance certificate
- Evidence of payment of probate fees
Duties of Administrators After Grant
Administrators act as trustees of the estate and must:
- Secure and safeguard all estate assets;
- Pay valid debts and taxes;
- Maintain accurate accounts;
- Submit an Inventory and Final Account to the Probate Registry;
- Distribute remaining assets fairly to lawful heirs.
Failure to comply may result in revocation of grant or legal action for breach of trust.
Case Study 1: Family Dispute Over Administration (Lekki)
A widow applied for Letters of Administration over her late husband’s estate. His brothers filed a caveat claiming exclusion. The Probate Registry suspended the process and mediated. Eventually, both parties were included as joint administrators, ensuring fairness.
Lesson: The Probate Registry prioritizes equity and family inclusion in administration.
Case Study 2: Hidden Assets Discovered Post-Grant (Ikeja)
An administrator failed to disclose some landed property during application. When discovered, the Probate Registry revoked the Letters and ordered re-application with full disclosure.
Lesson: Transparency and full disclosure are mandatory during application.
Grounds for Revocation of Letters of Administration
A grant can be revoked where:
- False statements or concealment of material facts occurred;
- Fraud or misrepresentation was proven;
- Administrators failed to render accounts;
- Beneficiaries were unlawfully excluded.
- A valid will is discovered after grant.
Common Challenges During Application
- Delay in document verification.
- Disagreement among beneficiaries;
- Incomplete estate valuation;
- Difficulty securing guarantors;
- Hidden debts or liabilities;
- Technical errors in probate forms.
Engaging an experienced probate lawyer helps navigate these challenges efficiently.
Practical Tips for a Smooth Process
- Engage a professional probate lawyer early.
- Gather all documents before submission.
- Be honest about all assets and beneficiaries.
- Keep copies of every document submitted.
- Follow up regularly with the Probate Registry.
- Resolve family disputes through mediation, not confrontation.
Recent Developments in Lagos Probate Practice
The Lagos State Judiciary now implements E-Probate Services, including:
- Online registration and tracking;
- Digital payment system;
- Automated valuation and record keeping.
This has reduced manual bottlenecks and improved transparency in estate administration.
Frequently Asked Questions (FAQs)
1. What is the difference between Probate and Letters of Administration?
- Probate applies where there is a will, and executors are appointed.
- Letters of Administration apply where there is no will, and administrators are appointed by court.
2. How long does it take to get Letters of Administration in Lagos?
Usually between 2 to 3 months, depending on complexity and completeness of documents.
3. Who can be an administrator?
Spouse, children, parents, or other next of kin of the deceased, subject to court approval.
4. Can the estate be managed before the Letters are issued?
No. Any dealings with estate property before grant are illegal intermeddling.
5. How are probate fees calculated?
Based on the gross value of the estate, typically between 2% and 10%.
6. Can Letters of Administration be revoked?
Yes, if obtained by fraud, concealment, or failure to perform duties.
7. What if the deceased has assets in multiple states?
Separate applications may be needed in each jurisdiction, or resealing of Lagos grant.
Conclusion
Obtaining Letters of Administration in Lagos is a formal but vital process that ensures lawful transfer and protection of a deceased person’s estate. It prevents fraud, ensures fair distribution, and protects the interests of all rightful heirs.
While the process involves paperwork and procedural steps, professional legal guidance simplifies it, shortens delays, and guarantees compliance with Lagos probate regulations.
Call to Action
At Chaman Law Firm, we specialize in Probate and Estate Administration in Lagos and Ogun States. We assist families, next of kin, and executors in obtaining Letters of Administration swiftly, legally, and professionally.
Our expert team handles documentation, estate valuation, publication, and follow-up with the Probate Registry to ensure a seamless experience.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,
