Introduction
In Lagos, probate is an essential legal process that validates a deceased person’s will or authorizes the lawful distribution of their estate where there is no will. For families, executors, and beneficiaries, understanding probate is crucial to managing estates efficiently and avoiding disputes.
When a person dies leaving assets — such as land, money, shares, or personal property — those assets cannot be lawfully accessed or transferred until a Grant of Probate (if there is a will) or Letters of Administration (if there is no will) is issued by the Probate Registry of the High Court of Lagos State.
This article provides a comprehensive guide to probate in Lagos, explaining the process, the documents required, the applicable laws, timelines, fees, and how to avoid common mistakes during estate administration.
What Is Probate?
Probate is the judicial process by which a deceased person’s will is validated by a court, and the executors named in the will are granted legal authority to administer the estate.
In Lagos, the probate process is governed by:
- Administration of Estates Law of Lagos State, 2015 (as amended);
- Probate (Civil Procedure) Rules; and
- High Court of Lagos State (Civil Procedure) Rules.
When Is Probate Required?
Probate is required when:
- The deceased left a valid will and owned assets in their sole name.
- The estate includes real property, bank accounts, or shares requiring legal transfer;
- Executors need to distribute property to beneficiaries lawfully; or
- Financial institutions request proof of authority to access the deceased’s assets.
Without a Grant of Probate or Letters of Administration, banks and registries will refuse to release assets, and transfers of land will be legally invalid.
Types of Probate Grants in Lagos
1. Grant of Probate (With a Will)
Issued when the deceased left a valid will appointing executors.
It authorizes the executors to:
- Collect and manage the estate.
- Pay debts and taxes; and
- Distribute assets according to the will.
2. Letters of Administration (Without a Will)
Issued when the deceased died intestate (without a valid will).
The court appoints administrators (usually family members) to manage and distribute the estate according to the Administration of Estates Law and customary law (where applicable).
3. Letters of Administration (With Will Annexed)
Issued where the deceased left a will, but no executor is named or the named executor refuses or dies before completing administration.
Key Terminologies
| Term | Meaning |
|---|---|
| Testator/Testatrix | Person who made the will |
| Executor | Person appointed in the will to administer the estate |
| Administrator | Person appointed by court when no will exists |
| Estate | Total assets and liabilities left by the deceased |
| Beneficiary | Person entitled to benefit under a will or law |
| Next of Kin | Closest living relative(s) entitled to apply where no will exists |
Step-by-Step Probate Process in Lagos
Step 1: Obtain Death Certificate
Issued by the National Population Commission (NPC) or the hospital where death occurred.
Step 2: Apply to the Probate Registry
The application is filed at the Probate Registry of the High Court of Lagos State, Ikeja or Lagos Division.
The applicant must submit:
- Death certificate.
- Will (if any);
- Application form.
- Passport photographs.
- Valid ID.
- Inventory of estate; and
- Affidavit of next of kin.
Step 3: Lodgment of Original Will (if any)
The original will is deposited in a sealed envelope at the Probate Registry for authentication.
Step 4: Search and Verification
The registry verifies the will’s authenticity, the testator’s death, and the applicant’s capacity to apply.
Step 5: Publication of Notice
The court publishes a Notice of Probate Application in a national newspaper and on the court notice board for 21 days to allow objections or caveats.
Step 6: Estate Valuation
An official valuation of the deceased’s assets is carried out by court-appointed valuers, covering:
- Real property (lands, buildings);
- Vehicles.
- Bank accounts.
- Shares and investments.
Step 7: Payment of Probate Fees
Probate fees are calculated based on the value of the estate, typically ranging from 2% to 10% depending on asset type and size.
Step 8: Examination and Clearance
The Probate Registrar reviews all documents, valuation reports, and payment receipts before scheduling a final review.
Step 9: Issuance of Grant
Once all requirements are satisfied and no objections are raised, the Grant of Probate or Letters of Administration is issued, authorizing the executors or administrators to manage and distribute the estate.
Probate Timeline in Lagos
| Process Stage | Typical Duration |
|---|---|
| Application & Verification | 1–2 weeks |
| Publication & Objection Period | 21 days |
| Valuation & Fee Assessment | 2–4 weeks |
| Payment & Clearance | 1–3 weeks |
| Issuance of Grant | 4–6 weeks |
Total Duration: Approximately 2 to 3 months, depending on complexity and document readiness.
Documents Required for Probate or Letters of Administration
For Grant of Probate
- Original Will and photocopy
- Death certificate
- Application form
- Oath of executor(s)
- Inventory of assets and liabilities
- Passport photos of executors
- Means of identification
- Newspaper publication evidence
- Court fee receipts
For Letters of Administration
- Death certificate
- Application form
- Oath of administration
- Next of kin affidavit
- Bank statements (if applicable)
- Property documents
- Valuation report
- Passport photographs
- Tax clearance (for Lagos residents)
Legal Duties of Executors and Administrators
Executors and administrators owe fiduciary duties to the estate. They must:
- Act in good faith;
- File inventory and accounts periodically with the Probate Registry.
- Avoid mixing estate funds with personal funds.
- Pay valid debts and taxes; and
- Distribute property fairly and transparently.
Failure to perform these duties may result in revocation of grant, personal liability, or court sanctions.
Grounds for Challenging a Will or Probate
Probate can be contested on several grounds:
- Lack of testamentary capacity — testator was mentally incapable when making the will;
- Undue influence or coercion.
- Forgery or fraud.
- Improper execution (will not duly signed or witnessed);
- Existence of a later will.
- Omission of lawful beneficiaries.
Such challenges are filed as caveats in the Probate Registry within the publication period.
Case Study 1: Contested Will in Ikoyi
A widow applied for probate of her late husband’s will, but one of his sons lodged a caveat claiming forgery. The Probate Registry suspended proceedings pending investigation. Handwriting experts confirmed authenticity, and the court granted probate to the widow as sole executrix.
Lesson: Probate ensures fairness by allowing all interested parties to object before grants are finalized.
Case Study 2: Letters of Administration in Ikeja
A man died intestate, survived by two wives and seven children. One family branch attempted to apply for Letters of Administration secretly. The Probate Registry required joint representation from all beneficiaries before issuance.
Lesson: In intestate cases, administrators must represent the entire family’s interest to prevent later disputes.
Distribution of Estate Under Intestacy
When a person dies without a will, Lagos applies the Administration of Estates Law and, in some cases, customary law.
Distribution follows:
- Spouse and children take priority;
- If none, parents, siblings, or extended family inherit;
- Property devolves per statutory proportions or family agreement.
Probate Fees in Lagos
Fees are calculated based on gross estate value, covering:
- Court filing.
- Publication.
- Estate valuation; and
- Administrative charges.
An example structure (approximate):
| Estate Value (₦) | Probate Fee (%) |
|---|---|
| ₦500,000 – ₦5 million | 3–4% |
| ₦5 – ₦20 million | 4–5% |
| Above ₦20 million | 5–10% |
High-value estates (e.g., Ikoyi or Lekki properties) often attract upper-range rates.
Common Challenges During Probate in Lagos
- Family disputes among beneficiaries;
- Forgery or concealment of wills.
- Untraceable executors.
- Delay in estate valuation.
- Incomplete documentation.
- Unpaid taxes.
- Disagreement on asset distribution.
How to Avoid Probate Disputes
- Draft a clear and valid will during lifetime;
- Appoint trustworthy executors;
- Disclose all assets accurately;
- Obtain legal advice before signing;
- Update wills regularly;
- Communicate intentions to beneficiaries.
Probate vs. Letters of Administration: Key Differences
| Criteria | Grant of Probate | Letters of Administration |
|---|---|---|
| Will | Required | Not required |
| Applicant | Executor named in will | Next of kin or dependents |
| Timeframe | Shorter (clear instructions) | Longer (requires family consent) |
| Asset Distribution | Per Will | Per statutory law |
| Court Role | Validation of will | Appointment of administrators |
| Dispute Likelihood | Moderate | Higher |
How Lawyers Help During Probate
A probate lawyer assists by:
- Drafting and filing all documents;
- Conducting estate valuation;
- Liaising with Probate Registry officials;
- Publishing legal notices;
- Resolving family disputes;
- Managing estate bank accounts; and
- Ensuring timely issuance of grants.
At Chaman Law Firm, we handle probate from start to finish with precision and confidentiality.
Recent Developments: E-Probate and Digital Filing
The Lagos State Judiciary has modernized probate operations through digital case management.
Key improvements include:
- Electronic application tracking;
- Online valuation and fee payment;
- Reduced manual processing;
- Transparent verification system.
These innovations enhance efficiency and reduce delays.
Frequently Asked Questions (FAQs)
1. How long does probate take in Lagos?
Typically, 2–3 months, though complex estates may take longer.
2. Can probate be obtained without a lawyer?
While possible, legal guidance is strongly advised to avoid rejection or delay.
3. Can probate be granted if beneficiaries disagree?
No. Disputes must be resolved or adjudicated before issuance.
4. Who can apply for Letters of Administration?
Usually the surviving spouse, children, or close relatives of the deceased.
5. Can property be sold before probate?
No. Any sale without grant is void and illegal under Lagos law.
6. Does probate cover foreign assets?
Yes, where Lagos is the deceased’s domicile, but additional documentation may be required.
7. What happens if a will is lost?
An application for probate of copy will can be made, supported by affidavits and evidence.
Practical Tips for Executors and Families
- Begin probate application promptly after death.
- Secure all property documents and account statements.
- Avoid intermeddling with estate assets before grant.
- Use experienced probate lawyers to streamline processing.
- Keep beneficiaries informed throughout.
Conclusion
Probate in Lagos is a legal safeguard — ensuring that the estates of deceased persons are managed lawfully, debts are settled, and beneficiaries receive their rightful inheritance. Though the process may seem bureaucratic, compliance with procedure prevents future litigation and family conflict.
Whether you are an executor, next of kin, or beneficiary, engaging a competent probate lawyer ensures a smooth, lawful, and transparent estate administration.
Call to Action
At Chaman Law Firm, we provide comprehensive probate and estate administration services across Lagos and Ogun States. We handle applications for Grant of Probate, Letters of Administration, Estate Valuation, and Will Validation with utmost professionalism and confidentiality.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,
