Navigating the Probate Registry in Ogun State – What Every Family Should Know
Introduction
Losing a loved one is always an emotional and life-changing experience. Beyond the grief, families are often faced with difficult questions about property, inheritance, and how to handle the legal affairs of the deceased. In Ogun State, as in other parts of Nigeria, these matters fall under the authority of the Probate Registry of the High Court. This is the government office responsible for supervising the distribution of estates, validating wills, and issuing letters of administration when someone dies without a will.
Unfortunately, most families in Ogun State have little or no idea about how the probate process works. Many assume that once a person dies, relatives can automatically share their properties. This is not true. Banks, land registries, and government institutions will not release or transfer a deceased person’s assets without official approval from the Probate Registry. As a result, countless families get stuck in disputes, lose valuable property to fraud, or waste years in avoidable court battles.
This article provides a comprehensive guide to navigating the Probate Registry in Ogun State. It explains what the probate process involves, the steps required, the documents you need, the role of estate lawyers, and the challenges families face. Whether your loved one left a valid will or died intestate (without a will), this guide will help you understand what to do and how to protect your family’s interests.
Understanding the Probate Registry in Ogun State
The Probate Registry is the office within the Ogun State High Court that oversees the administration of estates. It has the legal authority to:
Prove and validate wills.
Issue grants of probate (where there is a will).
Issue letters of administration (where no will exists).
Supervise executors and administrators in the management of estates.
Ensure estates are distributed lawfully and fairly.
Without a grant from the Probate Registry, no individual or family has the legal authority to manage the estate of a deceased person. This means you cannot lawfully withdraw money from bank accounts, sell land, or transfer titles in the name of the deceased until the grant is issued.
Why Probate Is Necessary in Ogun State
Some families try to avoid the probate process by informally sharing assets among themselves. However, this leads to serious problems:
Banks refuse to release funds without probate or letters of administration.
Land registries will not recognize property transfers unless backed by probate documents.
Disputes escalate because no legal framework guides the sharing.
Fraud and exploitation thrive, as unscrupulous relatives or outsiders attempt to seize assets.
Probate is therefore not just a formality—it is the legal safeguard that protects the estate, the family, and the rightful beneficiaries.
Steps to Navigate the Probate Registry in Ogun State
Step 1: Obtain the Death Certificate
The first step is securing the death certificate of the deceased from the hospital or the National Population Commission. This is the foundational document needed for all probate applications.
Step 2: Consult an Estate Lawyer
Probate is a technical process filled with legal and procedural requirements. An estate lawyer will guide you on whether to apply for probate (if a will exists) or letters of administration (if there is no will).
Step 3: Determine Whether a Will Exists
If the deceased left a valid will, the executors named in the will must apply for grant of probate.
If there is no will, family members must apply for letters of administration.
Step 4: Prepare and File Application at Probate Registry
Applications must be filed at the Ogun State Probate Registry in Abeokuta or other designated registries. Required documents often include:
Death certificate.
Will (if applicable).
Inventory of assets and liabilities.
Passport photographs of applicants.
Affidavits and supporting documents.
Step 5: Newspaper Publication
The Probate Registry usually mandates a newspaper publication to notify the public. This allows creditors and interested parties to raise objections if necessary.
Step 6: Estate Valuation
The assets of the deceased—land, houses, vehicles, bank accounts—must be assessed and valued. The value of the estate influences the probate fees payable.
Step 7: Grant of Probate or Letters of Administration
After all documents are verified and requirements fulfilled, the Probate Registry issues the grant. This document legally authorizes executors or administrators to manage the estate.
Step 8: Settlement of Debts and Distribution of Assets
Before distributing assets to beneficiaries, debts, taxes, and obligations of the deceased must be settled. Thereafter, lawful heirs receive their entitlements.
Role of Estate Lawyers in Ogun State Probate
The probate process can be lengthy and confusing without legal guidance. Estate lawyers provide crucial support:
Drafting and filing applications at the Probate Registry.
Ensuring all documents are complete and accurate.
Representing families in disputes or objections.
Advising on the applicable law (statutory, customary, or Islamic).
Helping to secure assets against fraud or encroachment.
Ensuring faster and smoother processing.
Families who engage experienced lawyers often save time, reduce disputes, and avoid costly mistakes.
Probate Under Different Legal Systems in Ogun State
Nigeria operates a plural legal system, and Ogun State reflects this diversity:
Statutory Law – Under the Administration of Estates Law, spouses and children usually inherit first.
Customary Law – Local customs may influence inheritance, though discriminatory customs (e.g., excluding daughters) can be challenged in court.
Islamic Law (Sharia) – For Muslims, inheritance follows Qur’anic injunctions, with fixed shares for heirs.
Knowing which system applies to your loved one’s estate is vital in navigating probate successfully.
Common Challenges Families Face in Ogun Probate Matters
Family Disputes – Relatives fight over who should administer the estate.
Delays at the Registry – Incomplete documents or bureaucratic bottlenecks prolong the process.
Fraudulent Claims – Outsiders or distant relatives may attempt to seize assets.
Unclear Laws – Confusion over which law (statutory, customary, or Islamic) applies.
High Costs – Probate fees, valuation fees, and legal charges can be significant.
How Families Can Protect Themselves
Secure original property and financial documents immediately after death.
Place a caveat at the Probate Registry if you suspect fraudulent applications.
Engage a probate lawyer as early as possible.
Maintain transparency among family members to avoid suspicion and conflict.
Keep records of all estate transactions.
Case Study: Lessons from Ogun Probate Disputes
In one Ogun State case, children of a deceased man were denied inheritance by relatives under customary law. However, the High Court applied statutory principles and protected the children’s rights. This case shows that families should never assume customs will automatically prevail—courts can and do enforce fairness under the Constitution.
Why Families Should Not Delay Probate
Delaying probate creates room for disputes, fraud, and asset loss. Properties can be encroached upon, bank accounts frozen indefinitely, and valuable investments wasted. The earlier you apply, the easier it is to secure and protect the estate.
Conclusion
The Probate Registry in Ogun State plays a critical role in ensuring that estates are managed lawfully and beneficiaries receive their rightful inheritance. However, navigating the process can be daunting without the right knowledge and legal guidance. From securing documents to applying for probate or letters of administration, families must follow due process to avoid disputes and fraud.
At such a sensitive time, the support of an experienced estate lawyer makes all the difference. Probate is not just a legal procedure—it is the path to protecting your family’s future and securing peace of mind.
Contact Us
At Chaman Law Firm, we specialize in probate and estate administration in Ogun and Lagos States. We guide families through the entire process—preparing applications, securing grants, mediating disputes, and ensuring estates are distributed lawfully.
📍 Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos 📞 0806 555 3671, 08096888818, 08024200080📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com💼 Chaman Law Firm – Your Right, We Protect.