What Happens to Ogun State Property When the Owner Dies Intestate?
Introduction
When someone in Ogun State dies without a valid Will (dies intestate), their houses, land, money, cars, and investments do not automatically pass to the nearest relative. By law, those assets must be gathered, debts settled, and the remainder shared under intestacy rules. This process is supervised by the Probate Registry of the Ogun State High Court in Abeokuta through a court authority called Letters of Administration (LA). Until LA is issued, banks and registries usually won’t release funds or transfer property. ogunstatejudiciary.gov.ng
Key Ideas You Should Know (in 60 seconds)
Intestate = no valid Will. A court-appointed administrator (not “next of kin” by default) manages and shares the estate. Mondaq
Which rules apply? Nigeria blends statutory law with customary (Yoruba) law and, in some families, Islamic law. The mix depends on the deceased’s circumstances and the kind of property. streetlawyernaija.com
Ogun land = Ogun rules. Land in Ogun is dealt with under Ogun’s jurisdiction; movable assets (cash, cars, shares) often follow the deceased’s domicile rules.
No automatic spousal takeover. Under some Yoruba customary practices, widows don’t inherit a proprietary share (though children do); modern constitutional arguments and court approaches can protect widows against unfair exclusion. Always take local advice. The Law Brigade Publishers (India)+3europeanjournalofsocialsciences.com+3iawj.org+3
You still need LA. To sell, transfer, or access assets, family members must apply for Letters of Administration at the Ogun Probate Registry. ogunstatejudiciary.gov.ng
Who Normally Gets What When There’s No Will?
There isn’t one single formula for every family in Ogun. Outcomes depend on marital regime, custom, and facts. As a general orientation:
Statutory pattern (common guidance): spouse and children take priority; some sources outline shares such as 1/3 to spouse and 2/3 to children where statutory rules are applied. This is illustrative—Ogun practice evaluates facts, relationships, and proof. Get the Probate desk’s guidance for your file. Mondaq
Yoruba customary perspectives (often relevant to family land): property tends to devolve to the children; approaches like Idi-Igi (per stirpes) and Ori-Ojori (equal shares among children) appear in commentary. Widows may have residential/maintenance protections but traditionally no proprietary share—an area where constitutional equity arguments have been used to safeguard widows. Chambers+2iawj.orgImmediate Steps Family Should Take (First 10–14 Days)
Secure the home & documents. Protect deeds, bank cards, certificates, car papers, IDs, phones.
List assets & debts. Landed property (addresses, title details), vehicles, bank/investment accounts, pension, co-ops, debts, funeral expenses.
Collect death certificate. You’ll need the original/CTC for the Probate file.
Identify eligible administrators. Usually spouse and/or adult child(ren) first; where disputes loom, consult counsel early. Mondaq
Speak to the Ogun Probate Registry. Get current forms, surety requirements, and acceptable newspapers for notice. Address: Ogun State Judiciary Complex, Kobape Road, PMB 3009, Sapon, Abeokuta; Tel +234 706 044 4285. ogunstatejudiciary.gov.ng
The Formal Path: Letters of Administration (LA) in Ogun—At a Glance
Why LA? It legally authorizes the administrator(s) to collect assets, pay debts, and distribute the estate according to law. Mondaq
Typical steps:
File application at Ogun Probate (forms + IDs + passport photos + inventory + next-of-kin declarations + surety papers). Mondaq
Publication / caveat window (notice to allow objections—often ~21 days). bimakassociates.com
Bank Certificate & valuations (registry assesses estate and fees based on declared assets). Lexology
Oath & sureties (administrators swear oath; sureties must be credible and traceable). Lexology
Issuance of LA (sealed grant you’ll use with banks, registrars, and land registry). Mondaq
Timeline & costs: Vary with file completeness, publications, valuations, and any family disputes. Always confirm the current Ogun schedule at filing. ogunstatejudiciary.gov.ng
How Specific Assets Are Typically Treated (Quick Guide)
Bank accounts & investments: Frozen until LA is shown; institutions release to the administrator. lawhavensolicitors.com
Houses and land (Ogun): Transfer or sale generally only after LA; family land/customary claims can affect sharing.
Joint accounts: Depends on how the account was structured (true survivorship vs convenience). Administrators should verify with the bank.
Pension/Gratuity: Paid under pension rules/nomination; separate from the probate pot in many cases.
Assets in other states/countries: You may reseal the Ogun grant where other assets lie—or reseal an external grant in Ogun—to lawfully deal with cross-border property. patrelipartners.com+3FAOLEX+3Mondaq+3
Common Pitfalls (and How to Avoid Them)
Assuming “next of kin” can collect assets. Banks/registries usually require LA, not just NOK forms.
Leaving out assets. Undeclared assets delay sharing; discovered later, you’ll add them via an additional-assets application.
Unreliable sureties. If your sureties are untraceable, the Registry can refuse them—choose carefully. Lexology
Customary vs statutory confusion. Ogun files often require tailored advice where family land/customary expectations meet court-supervised distribution.
Not managing disputes early. Where siblings or extended family disagree, get counsel; a caveat can pause your application until court resolves it. bimakassociates.com
Scenario Snapshots (Illustrative Only)
Married man (statutory marriage), wife + 2 children, no Will: Under statutory guidance often cited, the spouse may take a share and children share the balance (e.g., 1/3 vs 2/3), subject to facts and Ogun practice. Always verify at filing. Mondaq
Yoruba customary setting, family land prominent: Children inherit; methods like Idi-Igi (by branches) or Ori-Ojori (equal per child) may be argued. Widows can be protected in occupation/maintenance, and constitutional arguments may curb harsh exclusions. Chambers+2iawj.org+2
Quick Checklist (copy into a List block)
Get death certificate
Secure documents & properties
Build asset + debt inventory
Identify eligible administrators
Visit Ogun Probate Registry (Abeokuta) for forms/fees
File LA application with all attachments
Do publication and wait out caveat period
Obtain Bank Certificate & valuations; pay assessed fees
Oath & sureties → Collect LA
Collect assets → pay debts → distribute per applicable law
Reseal where cross-border assets exist; add any later-discovered assets ogunstatejudiciary.gov.ng+2Lexology+2
Frequently Asked Questions (FAQs)
1) Can the widow just keep the house?
Not automatically. Rights depend on title, custom, and statutory protections. Even where Yoruba custom limits proprietary inheritance for widows, courts consider fairness and constitutional arguments. Get advice for your facts. europeanjournalofsocialsciences.com+1
2) Do we need a lawyer?
You can apply yourself, but a local probate lawyer helps you avoid errors (sureties, publications, asset discovery) and speeds the process.
3) There’s land in Ogun and cash in another state. What now?
Apply where appropriate and reseal the grant in the other jurisdiction so institutions there recognize it. FAOLEX+1
4) How long does this take?
Uncontested, well-prepared files can complete in a few months; disputes, missing papers, or valuation issues extend timelines. Mondaq
Strong Call-to-Action (CTA)
Need help protecting your family’s interests in Ogun after a loved one’s passing?
Chaman Law Firm (Probate & Estate Team) will: prepare your LA file, handle publications, manage sureties, follow up at the Ogun Probate Registry, and liaise with banks/registrars/land registries—start to finish.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,