Introduction
When a loved one passes away, their estate—consisting of their assets, liabilities, and personal effects—doesn’t automatically transfer to family members or beneficiaries. In Lagos State, as in many jurisdictions, specific legal procedures must be followed to ensure that the estate is properly managed and distributed according to the deceased’s wishes (if there’s a will) or in accordance with state laws in the absence of one. This process begins with obtaining either a Grant of Probate if the deceased made a will or Letters of Administration, if the deceased did not make a will i.e. died intestate. These legal documents empower the executor or administrator (as the case may be) to manage the Estate of the deceased.
Below, I’ll outline the requirements and step-by-step process for securing either a Grant of Probate or a Letter of Administration in Lagos State, along with practical tips to navigate the process smoothly.
Understanding Grant of Probate vs. Letter of Administration
A Grant of Probate is issued when a person dies leaving a valid will. It confirms the Executor’s authority to administer the estate according to the wishes outlined in the Will. Conversely, a Letter of Administration is required when the deceased did not leave a will, or if no Executor is named or willing to act. The court grants this document to an Administrator to manage and distribute the estate according to Intestacy laws.
Legal Requirements for Obtaining a Grant of Probate
The applicant must provide:
- The certified true copy of the deceased’s will.
- Introduction
When a loved one passes away, their estate—consisting of their assets, liabilities, and personal effects—doesn’t automatically transfer to family members or beneficiaries. In Lagos State, as in many jurisdictions, specific legal procedures must be followed to ensure that the estate is properly managed and distributed according to the deceased’s wishes (if there’s a will) or in accordance with state laws in the absence of one. This process begins with obtaining either a Grant of Probate if the deceased made a will or Letters of Administration, if the deceased did not make a will i.e. died intestate. These legal documents empower the executor or administrator (as the case may be) to manage the Estate of the deceased.
Below, I’ll outline the requirements for securing either a Grant of Probate or a Letter of Administration in Lagos State, along with practical tips to navigate the process smoothly.
Understanding Grant of Probate vs. Letter of Administration
A Grant of Probate is issued when a person dies leaving a valid will. It confirms the Executor’s authority to administer the estate according to the wishes outlined in the Will. Conversely, a Letter of Administration is required when the deceased did not leave a will, or if no Executor is named or willing to act. The court grants this document to an Administrator to manage and distribute the estate according to Intestacy laws.
Legal Requirements for Obtaining a Grant of Probate
The applicant must provide:
- The certified true copy of the deceased’s will.
- The death certificate.
- Identification documents of the executors.
- Completed application forms provided by the Probate Registry.
Eligibility: Only the named executor(s) in the will may apply for probate. If the executor is unavailable or unwilling to serve, the court may appoint an alternative.
Requirements for Obtaining a Letter of Administration
For Intestate cases, applicants must submit the following documents and information:
- An application letter to the Probate Registrar
- A copy of the death certificate of the deceased.
- Address of the deceased shortly before his death
- Particulars of proposed administrators for the Estate
- Means of Identification of the proposed administrators
- Particulars of properties left by the deceased person.
- Passport photographs of the proposed administrators.
- Sworn affidavit of fact stating that no other person has applied for a Letter of Administration in respect of the Estate
- Particulars of 2 proposed sureties.
- Completed forms from the Probate Registry.
Eligibility: For estates where the deceased has no Will, the estate of the deceased is vested in the Chief Judge of the state where the deceased was domiciled during his/her lifetime. Persons eligible to apply for the Letter of Administration and the order of priority are as follows:
- Surviving spouse.
- Children or grandchildren (if the parents died during the lifetime of the deceased) of the deceased.
- Parents of the deceased.
- Siblings of the deceased.
- Half siblings of the deceased.
- Grandparents of the deceased.
- Uncles and Aunts of the deceased.
- Creditors of the deceased.
- Administrator General.
Common Challenges in Probate/Administration Applications
Delays: Due to incomplete documentation, disputes, or verification processes.
Objections: Family disputes or third-party claims can lead to court proceedings, which extend the timeline.
Documentation Issues: Missing or outdated documents can halt or slow the process significantly.
Practical Tips:
- Gather all required documents early, and ensure they are up-to-date.
- Engage a legal professional to assist with any complexities or potential disputes.
- If the estate is substantial or potentially contentious, consider seeking mediation to resolve issues before filing.
CONCLUSION
Navigating the probate or administration process can feel daunting, but following these steps can help prevent complications. Obtaining a Grant of Letters of Probate or Letters of Administration ensures that the estate is managed responsibly and that beneficiaries receive their due entitlements. By staying informed and prepared, Executors and Administrators can handle this process with greater efficiency and peace of mind.
Khene Omogbehin (Mrs.)
Senior Associate
