Probate is a legal process that validates a deceased person’s will or oversees the distribution of their estate if no will exists. In Nigeria, the probate process is critical in safeguarding the interests of beneficiaries, creditors, and other stakeholders. This guide explores the probate system and how to go through it effectively.

What Is Probate?

Probate is the legal mechanism by which the assets of a deceased person are managed and distributed under the supervision of a court. The process ensures:

• The validity of the deceased’s will.
• Proper identification of beneficiaries.
• Payment of debts, taxes, and other obligations.
• Lawful distribution of remaining assets to heirs or beneficiaries.

Key Players in Probate

1. Executor/Administrator: Manages the estate. Executors are named in the will, while administrators are appointed if no will exists.
2. Probate Registry: Processes applications and issues probate letters.
3. Beneficiaries: Individuals entitled to inherit the estate.
4. Creditors: Parties owed debts by the deceased.

The Probate Process in Nigeria

1. Preparation of Documents

The probate journey begins with gathering essential documents, such as:

• The deceased’s death certificate.
• A valid will (if available).
• An inventory of assets and liabilities.

For example: Suppose Mrs. Adetayo leaves a will naming her son as the executor. The son must obtain the death certificate and the will to start the probate process.

2. Application for Probate or Letters of Administration

• Probate Application (with a will): Submitted by the executor at the Probate Registry.
• Letters of Administration (without a will): Filed by eligible family members, such as a spouse or children.

3. Publication of Probate Notice

The Probate Registry publishes a notice in national newspapers to alert creditors. This allows creditors to make claims against the estate before distribution.

4. Assessment and Payment of Estate Fees

The value of the estate determines probate fees, which range between 5% and 10% of the estate’s worth, depending on the state. Lagos, for instance, charges 10% probate fees for estates exceeding ₦1,000,000.

Example: If an estate in Lagos is worth ₦5,000,000, the probate fee could be ₦500,000.

5. Issuance of Probate or Letters of Administration

Upon satisfying all legal requirements, the Probate Registry issues the relevant documents. Executors or administrators are then authorized to access and distribute the deceased’s assets.

Challenges in the Probate Process

1. Delays in Probate Approval

The Nigerian probate system is often plagued by bureaucratic delays. Cases can linger for months or even years, especially in contentious situations. It’s advisable to work with an estate lawyer to expedite the process.

2. Disputes Among Beneficiaries

Family disagreements over estate distribution can derail the process. Courts often intervene in such disputes, further delaying probate.

3. Hidden Assets

Executors or administrators may struggle to locate all assets due to inadequate record-keeping by the deceased.

P.S. Nigerian laws are gradually recognizing digital assets like cryptocurrency and online accounts. Executors must ensure these are included in estate inventories.

Related:

Procedures for Grant of Probate in Nigeria

7 Reasons Why a Will May Be Declared Invalid in Nigeria

FAQs on Probate in Nigeria

1. How long does probate take in Nigeria?

The duration varies by complexity. On average, it takes 6-12 months. Disputes or incomplete documentation can extend this timeline. Work with a competent property lawyer to expedite the process.

2. What happens if there is no will?

The court appoints an administrator, and the estate is distributed under the Administration of Estates Law or customary inheritance laws.

3. Are probate fees negotiable?

No, probate fees are statutory. However, engaging a competent estate lawyer can ensure accurate valuation to avoid overpayment.

4. What is the difference between probate and letters of administration?

• Probate: Issued when a valid will exists.
• Letters of Administration: Issued when there is no will.

5. Can debts exceed the estate’s value?

Yes. In such cases, the estate is declared insolvent, and creditors are paid based on priority while beneficiaries receive nothing.

6. What are the consequences of failing to apply for probate?

Without probate, beneficiaries cannot legally access or transfer the deceased’s assets. Moreover, penalties may apply for delayed applications.

Conclusion

Understanding probate in Nigeria is essential for seamless estate management. With proper documentation, adherence to legal requirements, and professional guidance, families can avoid the pitfalls of a protracted probate process. Whether drafting a will or navigating intestacy, proactive steps are key to preserving legacies and honoring the deceased’s wishes.

Also Read:

7 Reasons Why a Will May Be Declared Invalid in Nigeria

Who Inherits Property When There is No Will in Nigeria?

How to Legally Divide Inherited Property in Nigeria

How to Verify Property Titles in Nigeria: A Comprehensive Guide

10 Legal Considerations Before Writing a Will in Nigeria

The Trusted Advisors – A leading full-service law firm in Lagos, Abuja, Nigeria.

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