{"id":5877,"date":"2026-08-25T20:40:32","date_gmt":"2026-08-25T20:40:32","guid":{"rendered":"https:\/\/www.adeolaoyinlade.com\/?p=5877"},"modified":"2026-08-25T20:40:32","modified_gmt":"2026-08-25T20:40:32","slug":"administration-of-estates-in-nigeria-a-practical-guide-to-probate-and-letters-of-administration","status":"publish","type":"post","link":"https:\/\/www.adeolaoyinlade.com\/zh\/administration-of-estates-in-nigeria-a-practical-guide-to-probate-and-letters-of-administration\/","title":{"rendered":"Administration of Estates in Nigeria: A Practical Guide to Probate and Letters of Administration"},"content":{"rendered":"
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  1. \u5f15\u8a00<\/strong><\/li>\n<\/ol>\n

    The death of a person often creates legal and practical consequences extending beyond the immediate loss suffered by family members. Where the deceased leaves behind land, houses, bank accounts, shares, businesses, investments, personal property or outstanding liabilities, steps must be taken to identify, protect, manage and ultimately distribute those assets in accordance with the applicable law.<\/p>\n

    In Nigeria, the process through which the assets and liabilities of a deceased person are collected, managed and distributed is generally referred to as the administration of the estate. The process is particularly important where the deceased died without a valid Will, where disputes arise among family members, or where the estate comprises substantial or geographically dispersed assets.<\/p>\n

    Estate administration is, however, not simply a matter of distributing the deceased’s property among surviving family members. Legal authority is required before a person can ordinarily assume responsibility for dealing with the estate. Depending on whether the deceased left a valid Will and whether an executor is able and willing to act, this authority may take the form of a Grant of Probate or Letters of Administration.<\/p>\n

    The legal framework governing estate administration in Nigeria is not contained in a single statute. Rather, it comprises State legislation on wills and administration of estates, probate rules, applicable principles of succession, customary law and, in appropriate circumstances, Islamic law. The applicable framework may therefore vary depending on the State in which the deceased was domiciled, the nature and location of the assets, the existence and validity of a Will, and the system of law governing succession to the estate.<\/p>\n

    This article examines the legal framework governing administration of estates in Nigeria, the distinction between Probate and Letters of Administration, the principal stages involved in administering an estate, and the common challenges that arise in the administration and distribution of deceased estates.<\/p>\n

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    1. THE LEGAL FRAMEWORK GOVERNING ADMINISTRATION OF ESTATES IN NIGERIA<\/strong><\/li>\n<\/ol>\n

      2.1 Wills Legislation<\/strong><\/p>\n

      Where a deceased person leaves a valid Will, the administration of the estate will ordinarily begin with the Will and the appointment of executors under it. The Wills Act of 1837 and the Wills Law of various states governs the circumstances in which a person may dispose of property by Will, the formal requirements for execution, the revocation of Wills and other matters relating to testamentary dispositions.<\/p>\n

      2.2 Administration of Estates Laws<\/strong><\/p>\n

      Administration of Estates Laws provide the principal statutory framework for dealing with the estate of a deceased person, particularly in cases of intestacy.<\/p>\n

      The Administration of Estates Law of Lagos State, for instance, contains provisions dealing with the devolution of real estate on personal representatives, executors and administrators, the administration of estate assets, the powers and obligations of personal representatives and the distribution of the residuary estate on intestacy.<\/p>\n

      Due to the fact that estate administration is substantially regulated at State level, the law applicable to an estate must be determined carefully rather than assuming that the procedure in one State automatically applies throughout Nigeria.<\/p>\n

      2.3 Probate Rules<\/strong><\/p>\n

      Probate Rules regulate the procedure through which applications for Probate and Letters of Administration are made and determined. They govern matters such as applications for grants, notices, caveats, objections, inventories, accounts and other procedural aspects of estate administration. In certain instances, it is contained in the High Court Civil Procedure Rules of each state.<\/p>\n

      The procedural requirements are important because an estate may involve several interested persons with competing claims. Proper compliance with probate procedure helps to ensure that persons entitled to participate in the administration are identified and that the grant is not obtained through concealment or misrepresentation.<\/p>\n

      2.4 Customary Law<\/strong><\/p>\n

      Customary law remains relevant to succession and estate administration in Nigeria, particularly where the deceased’s estate or succession rights are governed by customary law.<\/p>\n

      The Administration of Estates Law of Lagos State expressly provides that it does not, subject to its provisions, affect the administration, distribution, inheritance or succession of an estate where such matters are governed by customary law.<\/p>\n

      Consequently, determining the applicable legal regime is an important preliminary step in any estate administration. Factors such as the deceased’s domicile, marriage, nature of the property and applicable personal law may affect the manner in which the estate is administered and distributed.<\/p>\n

      2.5 Islamic Law<\/strong><\/p>\n

      Islamic law may also govern succession to the estate of a deceased Muslim in circumstances where applicable. Islamic succession rules may determine the persons entitled to inherit and the proportions in which the estate is distributed.<\/p>\n

      Accordingly, an estate involving a Muslim deceased should not automatically be approached solely under statutory intestacy provisions without first determining the applicable personal law and the circumstances in which the deceased held the relevant assets.<\/p>\n

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      1. KEY CONCEPTS IN ESTATE ADMINISTRATION<\/strong><\/li>\n<\/ol>\n

        3.1 Testate and Intestate Succession<\/strong><\/p>\n

        A person is said to have died testate where the person died leaving a valid Will governing the disposition of the estate. Conversely, a person dies intestate where there is no valid Will governing the estate. Where the deceased died intestate, Letters of Administration will generally be required.<\/p>\n

        The distinction is important because it generally determines the form of authority required to administer the estate.<\/p>\n

        3.2 Executors and Administrators<\/strong><\/p>\n

        An executor is a person appointed by a deceased person under a Will to carry out the testamentary wishes contained in the Will and administer the estate.<\/p>\n

        An administrator, on the other hand, is a person appointed through the grant of Letters of Administration to administer an estate, ordinarily where there is no valid Will or where the circumstances of the estate require an alternative form of grant.<\/p>\n

        Executors and administrators are collectively referred to as personal representatives. Their role is not simply to receive the deceased’s property for their own benefit. They are responsible for collecting and protecting estate assets, settling legitimate liabilities and distributing the estate to those legally entitled to it.<\/p>\n

        3.3 Probate<\/strong><\/p>\n

        Probate is the grant issued to the executor or executors named in a valid Will. It confirms the executor’s authority to administer the deceased’s estate in accordance with the Will.<\/p>\n

        The importance of Probate lies in the fact that third parties such as banks, financial institutions and other asset-holding institutions generally require evidence of the executor’s legal authority before releasing or transferring estate assets.<\/p>\n

        The executor must therefore distinguish between personal ownership of an estate asset and legal authority to administer that asset on behalf of the estate.<\/p>\n

        3.4 Letters of Administration<\/strong><\/p>\n

        Letters of Administration are granted to persons appointed to administer the estate of a deceased person, particularly where the deceased died intestate.<\/p>\n

        Under section 49 of the Administration of Estates Law of Lagos State, certain categories of persons are entitled to apply for Letters of Administration in an order of priority. The recognised order includes<\/p>\n