A Letter of Administration is a legal document issued by the Probate Registry to empower an individual, usually a family member to manage, dispose, or administer the estate of a deceased person who died without a valid will. Until the Letter of Administration is obtained, the estate of the deceased is deemed to be vested in the Chief Judge of the State where the deceased resided. This article shall provide a step-by-step guide on how to obtain a Letter of Administration in Nigeria.

Confirm that the Deceased Died Intestate

Before undertaking the process of obtaining a Letter of Administration, it is important to confirm that the deceased died without a valid will. If a valid will exists, there will be no need for the Letter of Administration as the deceased's assets will be distributed in accordance with the terms of the Will. However, a Letter of Administration becomes necessary if there is no Will or the available will is invalid.

Confirm Eligibility of the Applicant

The Law stipulates persons who can apply for the grant of a Letter of Administration. These persons include:

  • Surviving spouse of the deceased
  • Children of the deceased or the surviving issue of a child who died in the lifetime of the deceased
  • Father or mother of the deceased or the surviving issue of a child who died in the lifetime of the deceased
  • Brothers or sisters of the deceased of full blood and the children of such brothers or sisters who died in the lifetime of the deceased
  • Brothers or sisters of half-blood of the deceased
  • Grandfather or grandmother of the deceased
  • Uncles and aunts of full blood or their children
  • Creditors of the Deceased
  • Administrator General (where all the preceding fail)

Obtain and Duly Fill the Requisite Forms

The process of obtaining a Letter of Administration begins at the Probate Registry of the state wherein the deceased resided. It is at the Probate Registry that the application form and other requisite forms are obtained upon payment of the prescribed fee. These forms usually include:

  • Application for grant of letter of Administration
  • Oath of Administration by the applicants
  • Administration Bond
  • Declaration as to Next of Kin.
  • Inventory
  • Particulars of landed property left by the deceased
  • Schedule of debts and funeral expenses
  • Sureties' Application Form
  • Justification for Sureties

Please note that it is advisable to engage the services of a lawyer who can prepare and duly fill these necessary application documents on behalf of the applicant.

Attach Accompanying Documents and Submit

To apply for the grant of Letter of Administration, the applicant is required to pay the requisite fees and accompany the duly filled requisite forms with the following documents before submission:

  • Death Certificate of the deceased
  • Passport photo of the deceased
  • Passport photos of all the proposed Administrators and sureties
  • ID Cards of all the proposed Administrators and sureties.

Attend Scheduled Interview

The application will be duly screened upon submission, and the proposed administrators and sureties will be invited for an interview at the Registry. Upon satisfaction, the application will be approved by the Registry for publication.

Newspaper Publication

Upon approval, notice of the application will be published in a National Newspaper or Gazette. Thereafter, a 21 days period will be given to allow for objections to the application.

Approval by Probate Judge

At the expiration of the 21 days period, if no objection is entered against the application, the file will be forwarded to the Probate Judge for consideration and approval.

Issuance of the Letter of Administration

Upon the approval by the Probate Judge, a Letters of Administration would be granted and issued by the Probate Registrar to the Administrators accordingly.

Conclusion

The information above is a comprehensive step-by-step guide on how to obtain a Letter of Administration in Nigeria. However, this process requires strict adherence to established procedures and attention to specific details. Consequently, it is strongly recommended that the services of a lawyer should be engaged to handle this process effectively and efficiently.

By the Probate and Family Law Practice Department of Aekley Solicitors, Nigeria.

Originally Published 13 September 2023

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.