Top 10 Questions About Probate in Nigeria – Answered by Chaman Law Firm
Introduction
The loss of a loved one is always a painful experience, but alongside the grief comes a serious responsibility: how to legally handle the estate they left behind. Many families in Nigeria find themselves overwhelmed with terms like probate, letters of administration, executors, administrators, and estate duties. Unfortunately, misinformation and lack of proper guidance often cause unnecessary delays, disputes, and even financial loss.
At Chaman Law Firm, we receive daily inquiries from individuals and families across Nigeria and the diaspora who want to understand what probate is, when it is needed, and how to go about it without stress. This article is our comprehensive response to those questions. In the following sections, we provide clear answers to the most frequently asked questions about probate in Nigeria, supported by Nigerian law, case references, and decades of practical experience in estate matters.
👉 If you are currently faced with probate or estate administration issues, the smartest step you can take is to consult a qualified probate lawyer. At Chaman Law Firm, we are ready to guide you every step of the way. Call us today for professional assistance.
What Exactly is Probate?
Probate is the legal confirmation of a will by a High Court in Nigeria. It is the process that proves a will is valid and authorizes the executor(s) named in that will to manage the deceased’s estate. Think of probate as a legal certificate that unlocks the doors of the deceased’s properties, bank accounts, investments, and other assets. Without probate, executors are powerless to act.
Why is Probate Necessary?
Probate is not a mere formality. It serves several critical purposes:
Validation: It confirms that the will before the court is genuine.
Authority: It empowers executors to lawfully deal with the estate.
Protection: It shields beneficiaries from fraud or unlawful interference.
Transparency: It ensures debts are paid before assets are distributed.
Legal recognition: Banks, land registries, corporate registries, and government bodies will only honor executors after probate has been issued.
Without probate, executors’ risk legal disputes or being accused of unlawfully meddling in the estate.
When Must Probate Be Obtained?
Probate is required whenever a person dies leaving behind a valid will that names executors. The executors cannot transfer or distribute landed property, release bank deposits, or exercise control over company shares without first obtaining probate.
If the deceased died without a will, probate is irrelevant — in that case, family members must apply for Letters of Administration.
Who is Entitled to Apply for Probate?
Only executors named in a valid will have the right to apply for probate. If the executors are unwilling, deceased, or incapable, the court may appoint another interested person (often a beneficiary) to act. In such cases, the grant is called Letters of Administration with the Will Annexed.
What Documents Are Required?
The following documents are commonly required when applying for probate in Nigeria:
The original will
The death certificate of the deceased
Executor’s oath
Affidavit of attesting witness
Inventory of assets and liabilities
Passport photographs of the executors
Evidence of payment of assessed estate fees
These requirements may vary slightly depending on the state, but the Probate Registry always insists on proper documentation.
How Long Does Probate Take?
The length of time varies depending on whether the will is contested or uncontested. On average, probate in Nigeria takes six months to one year. However, disputes among family members, multiple properties across different states, or poorly prepared documents can drag the process for two years or more.
How Much Does Probate Cost?
Probate fees are calculated as a percentage of the value of the estate. In many states, fees range between 5% and 10% of the declared estate value. There are also costs for publications in newspapers, legal documentation, and miscellaneous court charges. While these fees may feel burdensome, they are statutory and unavoidable.
What Happens If There is No Will?
If the deceased died intestate (without a valid will), probate does not apply. Instead, close relatives must apply for Letters of Administration, which authorizes them to manage and distribute the estate. Distribution in such cases is guided by:
The Administration of Estates Laws of the relevant state,
Applicable Customary Laws, or
Islamic Law for Muslims.
This process is usually longer, more expensive, and prone to disputes because there is no written document guiding distribution.
What is the Difference Between Probate and Letters of Administration?
Probate is granted when a valid will exists; Letters of Administration apply when no will exists.
Probate empowers executors; Letters of Administration empower administrators.
Probate is usually faster; Letters of Administration often take longer due to disputes.
In probate, assets are shared according to the will; in administration, assets are shared according to statutory or customary law.
Where Do You Apply for Probate?
Applications are made at the Probate Registry of the High Court in the state where the deceased lived before death. The registry is the official body that handles wills, probate, letters of administration, and estate account filings.
Can Probate Be Contested?
Yes. Family members or beneficiaries may contest probate where there are doubts about the will, such as:
Allegations of forgery
Claims that the deceased lacked mental capacity
Suspicions of undue influence
Improper execution of the will
In such cases, the court will hear evidence and determine whether or not the will is valid.
What Rights Do Beneficiaries Have?
Beneficiaries under a will are entitled to:
Timely distribution of their inheritance
Full disclosure about the probate process
Access to estate accounts filed at the Probate Registry
Legal recourse if executors mismanage assets
What Duties Do Executors Owe?
Executors must:
Identify and collect estate assets.
Pay outstanding debts and taxes.
Prepare accurate accounts.
Distribute the remaining assets to beneficiaries.
Executors stand in a fiduciary position and can be removed or sued for mismanagement.
Can Banks Release Money Without Probate?
For small sums, banks may sometimes release funds to next-of-kin upon verification of death. However, for substantial balances, banks typically insist on seeing probate (or letters of administration).
Influence of Customary and Islamic Law
While probate itself is statutory, intestate distribution often involves customary and Islamic laws. For instance:
Yoruba customary law favors children and widows.
Igbo customary law traditionally excluded women from inheriting, but courts have struck this down (e.g., Ukeje v Ukeje, 2014).
Islamic law prescribes specific shares for heirs based on the Qur’an.
Can Probate Be Revoked?
Yes. Probate may be revoked if the grant was obtained through fraud, concealment of material facts, or if the will is later proven invalid.
What if Executors Fail in Their Duty?
Beneficiaries can petition the court to:
Remove the executor,
Compel them to account, or
Appoint new administrators.
How Can Families Avoid Probate Delays?
Draft a valid will during your lifetime.
Appoint reliable executors.
Keep asset records updated.
Engage a lawyer early in the process.
Landmark Cases
Ilori v Ilori (1980) – Executors’ authority clarified.
Lawal v Younan (1961) – Rules of intestacy explained.
Olowu v Olowu (1985) – Customary law recognized.
Ukeje v Ukeje (2014) – Gender equality upheld in inheritance.
How Chaman Law Firm Assists Clients
At Chaman Law Firm, we provide complete probate and estate administration services:
Drafting and reviewing wills.
Guiding executors through probate applications.
Handling letters of administration for intestate estates.
Representing families in probate disputes.
Advising on inheritance under customary and Islamic laws.
Our team ensures compliance with Nigerian law while protecting the interests of executors and beneficiaries alike.
Conclusion
Probate is a critical legal safeguard in Nigeria’s inheritance system. It ensures that the wishes of the deceased are respected and that beneficiaries receive their rightful inheritance in an orderly and lawful manner. While the process may seem intimidating, with the right legal guidance, it can be smooth and efficient.
👉 Don’t wait until family disputes escalate. Contact Chaman Law Firm today for expert probate advice and representation.
Contact Us
📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,
