Grant of Probate in Lagos State: Step-by-Step Legal Guide by Expert Probate Lawyers

Introduction

Secure Your Property Dreams: Grant of Probate in Lagos State – Step-by-Step Legal Guide by Expert Probate Lawyers

When a loved one passes away, the grief is often compounded by the responsibilities left behind. Among these, the legal process of administering the deceased’s estate becomes paramount. If the deceased left a valid Will, then obtaining a Grant of Probate is the lawful procedure required to administer the estate in Lagos State.

Many people are unaware of what probate means, how it is obtained, and why it is essential. This ignorance often leads to delayed estate distribution, property disputes, and in some cases, loss of property. As expert probate lawyers in Lagos, we at Chaman Law Firm understand the intricacies of this process and have developed this comprehensive step-by-step guide to empower you with clarity, precision, and actionable knowledge.

Whether you are an executor named in the Will, a beneficiary, or a family member seeking direction, this article will walk you through the entire Probate process in Lagos State, your legal obligations, timelines, and strategic advice to avoid costly mistakes.

Understanding Probate and Its Importance

Probate is the legal validation of a Will by a court of competent jurisdiction. It confirms that the Will was duly executed and authorizes the executors to administer the estate of the deceased. This involves collecting assets, settling debts, paying taxes, and distributing the estate according to the Will.

A Grant of Probate is therefore an official court document that confirms the authority of executors to act.

Without this Grant, banks, land registries, insurance companies, and government institutions may refuse to release assets belonging to the deceased. In fact, any unauthorized interference with the deceased’s property without probate may amount to a criminal offense under Nigerian law.

Legal Framework for Probate in Lagos State

Probate in Lagos State is governed by the following legal instruments:

• Administration of Estates Law of Lagos State 2003
• High Court of Lagos State (Civil Procedure) Rules 2019
• Probate Practice Directions issued by the Lagos State Judiciary
• Relevant provisions of the Wills Law of Lagos State 1990

The Probate Registry of the High Court of Lagos State is responsible for overseeing the entire process. Probate matters may be processed at the Ikeja or Lagos Island Probate Registry, depending on jurisdiction.

Who Can Apply for a Grant of Probate?

Only the executors named in a valid Will can apply for a Grant of Probate. The application is made in their personal capacity, as representatives of the deceased’s estate.

Where there is no Will, or the Will does not name an executor, the appropriate legal process is Letters of Administration—a separate process entirely.

Step-by-Step Guide to Obtaining Probate in Lagos State

Step 1: Retrieve the Original Will

The first step is to locate and secure the original Will. It may be held:

• By the deceased’s solicitor
• In a fireproof safe or locked cabinet
• At the Probate Registry (if pre-lodged)

Once found, confirm that the Will appoints executors and complies with formal requirements (signature, attestation, etc.).

Step 2: Engage a Probate Lawyer

Probate involves legal paperwork, court procedures, assessments, and follow-up. Retaining a skilled probate lawyer helps avoid mistakes, delays, and unnecessary costs. At Chaman Law Firm, we ensure seamless filing and representation throughout the process.

Step 3: File an Application at the Probate Registry

The executors, through their lawyer, must file an application for Grant of Probate. This includes:

• An Application Letter
• Oath of Executor(s)
• Affidavit of Attestation of the Will
• Inventory of Assets and Liabilities
• Deceased’s Death Certificate
• Affidavit of Due Execution of the Will
• Certified copy of the Will
• Passport photographs of the executors
• Evidence of payment of relevant fees

All documents must be properly signed, notarized, and stamped.

Step 4: Publication of Notice

Once the application is filed, the Probate Registry will publish a Probate Notice in a National Newspaper (e.g., Punch or Guardian), inviting objections from the public. This publication serves as public notice that the executors are applying to administer the estate.

If any person disputes the Will or its validity, they may file a Caveat (formal objection).

Step 5: Clearance of Any Caveat or Objection

If a caveat is entered, the matter becomes contentious and is transferred to the Probate Litigation Unit of the High Court. A full hearing will be required to determine the dispute before the court can proceed with the Grant.

Where no objection is raised after the statutory period (usually 21 days), the application proceeds.

Step 6: Assessment of Estate Duty

The next step is to assess the value of the estate, which includes:

• Real estate (land and buildings)
• Movable assets (cars, jewelry, bank balances)
• Shares and investments
• Insurance benefits

The estate is assessed for probate fees (estate duty), which must be paid before the Grant is issued.

The current rate in Lagos is based on a sliding scale ranging from 0.75% to 10% of the estate value.

Step 7: Payment of Probate Fees

The assessed probate fees must be paid at the designated bank and receipt submitted to the Probate Registry. Other administrative charges and levies may also apply.

Without payment, the file remains dormant, and no Grant will be issued.

Step 8: Final Vetting and Grant Issuance

Upon completion of all requirements and payment, the file is forwarded for final vetting by the Probate Registrar or the Judge assigned to probate matters. If satisfied, the Grant of Probate is issued to the executors.

This document gives them full legal authority to:

• Operate the deceased’s bank accounts
• Sell, lease or transfer property
• Discharge debts
• Share assets among beneficiaries

How Long Does the Probate Process Take in Lagos?

On average, uncontested probate takes between 3 to 6 months in Lagos State. However, several factors may prolong the process:

• Missing documents
• Disputes among beneficiaries
• Delays in publication or caveat clearance
• Incomplete asset information
• Inaccurate assessments

Working with an experienced probate law firm like ours reduces delays significantly and ensures timely completion.

Can Probate Be Challenged in Court?

Yes. Interested parties such as family members, disinherited children, or alleged dependents may contest the validity of the Will or the actions of the executors. Common grounds for challenging probate include:

• Allegation that the Will was forged
• Mental incapacity of the testator at the time of signing
• Undue influence or coercion
• Lack of proper witnessing
• Failure to follow due process

If successful, the court may set aside the Grant or order a new distribution based on intestacy laws.

What If There Is No Will? (Letters of Administration)

If the deceased died intestate (without a Will), family members must apply for Letters of Administration—a process more complex and time-consuming than probate.

Administrators must:

• Obtain consent of other family members
• Provide guarantors with verifiable means
• Publish the notice of application
• Satisfy the court of their suitability

Distribution of assets will follow the Rules of Intestacy, which often excludes live-in partners, adopted children (in some cases), and stepchildren.

Duties of Executors After Grant of Probate

Once probate is granted, the executor must:

• Collect and safeguard all estate assets
• Settle valid debts and funeral expenses
• Pay outstanding taxes
• Keep detailed accounts and records
• Distribute the net estate to beneficiaries
• File a final statement of account with the Probate Registry

Failure to act diligently may lead to legal action or personal liability.

Why You Need a Probate Lawyer in Lagos

Trying to process probate on your own may lead to:

• Rejected filings
• Legal errors
• Loss of property or funds
• Exposure to lawsuits
• Family conflict

Hiring an expert probate lawyer ensures:

• Proper filing and documentation
• Representation in court (if necessary)
• Professional valuation of estate
• Timely communication with banks and government agencies
• Mediation between disputing parties
• Full compliance with Lagos State laws

How Chaman Law Firm Can Help You

We offer full-scale probate services, including:

• Will search and interpretation
• Probate application filing
• Objection and caveat handling
• Property and asset tracing
• Estate valuation and inventory preparation
• Estate distribution strategy
• Post-probate property transfer
• Legal counseling for family members

We represent individuals, families, and corporate entities across Lagos State, ensuring peace of mind and lawful estate administration.

FAQs – Common Questions About Grant of Probate in Lagos

Q: Must I be physically present to apply for probate in Lagos?
A: No. Your probate lawyer can act on your behalf with a Power of Attorney.

Q: Can probate be granted if some assets are outside Lagos State?
A: Yes. Probate is granted by the court where the Will is domiciled, and the Grant can be resealed in other states or countries.

Q: Is probate required for small estates?
A: Yes. Even modest estates need probate for legal transfer, especially where property or bank accounts are involved.

Q: What if one of the executors is dead or unavailable?
A: The remaining executor(s) can proceed. If all are unavailable, an application for Letters of Administration with Will annexed may be required.

Conclusion

Grant of Probate is more than a formality. It is the legal key to unlocking and protecting the estate of your loved one. Without it, rightful beneficiaries may be unable to access what is lawfully theirs. Whether you’re dealing with a small estate or large property portfolio, professional legal support makes all the difference.

Let Chaman Law Firm be your trusted partner in this sensitive and significant process.

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📌 Chaman Law Firm
Expert Probate Lawyers in Lagos State

📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
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