Probate vs Letter of Administration in Nigeria: Key Differences You Must Know
Introduction
Losing a loved one is one of life’s most difficult experiences. Beyond the emotional pain, families are often faced with the complicated legal process of managing the deceased person’s estate. In Nigeria, this process usually involves obtaining either Probate or a Letter of Administration. Both serve as legal authority to administer an estate, but they differ significantly in meaning, procedure, and effect.
Many Nigerians are unaware of these differences and often make mistakes that delay the process or even lead to family disputes. That is why having the right knowledge is critical. This article provides a comprehensive breakdown of what Probate and Letters of Administration mean in Nigeria, their distinctions, the procedures for obtaining them, the rights of beneficiaries, and the role of lawyers in the process.
👉 If you or your family are dealing with inheritance issues, consult a qualified probate lawyer immediately. Taking the right steps early can save you years of delay, money, and avoidable conflicts.
Meaning of Probate in Nigeria
Probate is the legal process by which a will is authenticated and accepted as valid by a court of law. Once granted, probate serves as proof that the will is genuine, and it empowers the named executor(s) to administer the estate according to the wishes of the deceased.
In Nigeria, probate is handled by the Probate Registry of the High Court. It is not enough to merely have a written will; the law requires executors to obtain probate before they can legally manage, transfer, or distribute the deceased’s assets. Without probate, banks, government agencies, and property registries will not recognize their authority.
Meaning of Letter of Administration in Nigeria
Where a person dies without leaving a valid will, the estate cannot be administered through probate. Instead, the family must apply for a Letter of Administration. This is a court order granting authority to certain individuals (usually close relatives) to manage and distribute the deceased’s property.
The distribution of such estates is guided by statutory laws, customary practices, or Islamic law, depending on the background of the deceased. Because there is no will, disputes often arise, making Letters of Administration a more contested process than probate.
Legal Framework for Estate Administration in Nigeria
The laws governing probate and letters of administration in Nigeria include:
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Administration of Estates Laws of different states
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High Court (Civil Procedure) Rules and Probate Rules
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Wills Laws of the states (for estates with wills)
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Customary Law and Islamic Law in certain circumstances
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Judicial precedents such as Ukeje v Ukeje (2014), where the Supreme Court struck down discriminatory inheritance practices against women
These laws collectively regulate who is entitled to apply, how estates are distributed, and how disputes are resolved.
Who Can Apply for Probate?
Only executors named in a valid will can apply for probate. If an executor renounces or dies before applying, the court may grant letters of administration with the will annexed to another suitable person, usually a beneficiary. Executors are expected to act faithfully, fairly, and in line with the wishes of the deceased.
Who Can Apply for Letters of Administration?
Where no will exists, the right to apply follows a statutory order of priority. The surviving spouse is often first in line, followed by the children, parents, and siblings. In rare circumstances, creditors can apply if no family member comes forward.
The probate registry usually insists on appointing at least two administrators for balance and accountability.
Procedure for Obtaining Probate
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Lodging the original will at the Probate Registry.
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Filing an application with supporting documents (executor’s oath, death certificate, inventory of assets, etc.).
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Publication of notices in newspapers to invite objections.
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Verification and assessment of estate duties and taxes.
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Payment of assessed fees.
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Issuance of probate to the executor(s).
This process may take between six months and one year, depending on whether disputes arise.
Procedure for Obtaining Letters of Administration
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Application by the next-of-kin, supported with death certificate and affidavit.
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Requirement for sureties who guarantee that the administrators will properly manage the estate.
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Publication of notices in newspapers inviting objections.
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Valuation of the estate and assessment of fees.
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Payment of fees and estate duties.
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Issuance of Letters of Administration to the approved applicants.
This process is often slower than probate, sometimes stretching up to two years if disputes arise among beneficiaries.
Probate Registry: Powers and Functions
Every State High Court in Nigeria has a Probate Registry. This department is responsible for:
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Receiving and verifying applications for probate or administration
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Assessing estate duties payable to government
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Supervising executors and administrators
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Ensuring proper distribution of estates to beneficiaries
The registry acts as the gatekeeper of estate administration.
Probate vs Letter of Administration: Key Differences
While both probate and letters of administration empower someone to manage a deceased person’s estate, the differences are clear:
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Probate is granted when there is a valid will; letters of administration apply when there is no valid will.
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Probate is obtained by executors named in the will; letters of administration are obtained by next-of-kin or statutory beneficiaries.
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Probate is often faster and less disputed; letters of administration are slower and prone to conflicts.
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Probate distributes property according to the will; letters of administration distribute property according to statutory law, customary law, or Islamic law.
Understanding these distinctions helps families know what process to follow in each situation.
Duties of Executors and Administrators
Whether appointed through probate or letters of administration, executors and administrators have similar responsibilities:
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Collect and safeguard estate assets
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Pay the deceased’s debts and liabilities
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File estate accounts with the Probate Registry
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Distribute the remaining assets to beneficiaries
They owe beneficiaries a duty of trust and can be held legally accountable for mismanagement.
Common Challenges in Estate Administration
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Disputes among family members over entitlement
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Forged or contested wills
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Unclear ownership of assets
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High estate duties and fees
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Interference of customary practices inconsistent with statutory law
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Delays caused by congestion in Nigerian courts
Case Law on Probate and Administration
Several Nigerian cases have clarified aspects of estate administration:
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Ilori v Ilori (1980): clarified that executors derive their authority from the will itself but need probate to enforce it.
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Lawal v Younan (1961): highlighted the order of inheritance under intestacy.
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Ukeje v Ukeje (2014): the Supreme Court affirmed that female children cannot be excluded from inheritance under Igbo customary law.
These decisions demonstrate the interplay between statutory law and customary practices in estate matters.
Duration of Probate and Letters of Administration
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Probate: usually takes 6 to 12 months if uncontested.
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Letters of Administration: often takes 12 to 24 months due to family disputes and more complex verification.
Cost Implications
The Probate Registry assesses fees based on the value of the estate. Generally:
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Probate fees range between 5% and 10% of the estate’s value.
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Letters of administration may involve additional costs due to sureties, publication, and disputes.
Beneficiaries should prepare for these expenses before commencing the process.
Rights of Beneficiaries
Beneficiaries under probate or letters of administration are entitled to:
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A fair share of the estate as dictated by law or will
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Transparency from executors or administrators
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Access to estate accounts and records
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The right to challenge any misconduct in court
Disputes in Estate Administration
Disputes often arise from:
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Allegations of forged wills
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Family disagreements about who should administer the estate
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Concealment of assets
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Claims by multiple spouses or children
The High Court has jurisdiction to resolve these disputes. Legal representation is often necessary to ensure fairness.
Influence of Customary and Islamic Law
Where a person dies intestate, customary or Islamic law may apply depending on the deceased’s background. For example:
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Under Yoruba customary law, property is distributed among children and widows.
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Under Igbo customary law (before reforms), female children were excluded, but modern court rulings now ensure gender equality.
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Under Islamic law, distribution follows Qur’anic injunctions.
Importance of Engaging a Probate Lawyer
The procedures for obtaining probate or letters of administration are technical and time-sensitive. A probate lawyer helps by:
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Preparing and filing accurate documents
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Preventing costly mistakes and delays
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Mediating family disputes
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Ensuring compliance with legal requirements
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Protecting beneficiaries’ interests
👉 Retaining a probate lawyer is the smartest step in estate administration.
Steps to Avoid Delays in Future Estate Administration
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Prepare a valid will during your lifetime
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Appoint trusted executors and notify them
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Keep an updated list of assets and liabilities
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Consider creating trusts for smooth succession
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Seek legal advice early when issues arise
Conclusion
Probate and Letters of Administration are essential processes in the management of estates in Nigeria. While probate applies when a valid will exists, letters of administration govern intestacy. The differences are significant, shaping how assets are distributed, who controls them, and how long the process will take.
👉 Do not leave your family confused or trapped in disputes after your passing. Draft a will today and ensure your estate is properly managed. If you are already dealing with probate or administration issues, contact a professional immediately.