Challenges In Probate & Estate Administration In Nigeria | Navigating Procedures & Bottlenecks

The essence of the administration of Estates and Probate is to ensure the proper passing of the property of a deceased to the beneficiaries, as well as the proper administration of the Estate of the deceased.

Unfortunately, the probate and estate administration process in Nigeria is often fraught with challenges such as lengthy procedures, administrative bottlenecks, and potential disputes. These issues can significantly delay the transfer of assets to beneficiaries and create frustration for all parties involved.

Nevertheless, with proper planning, legal guidance, and a clear understanding of the procedures, individuals can navigate the process more effectively and ensure the smooth transfer of assets to the rightful beneficiaries.

PROBATE & ADMINISTRATION OF ESTATE PROCESSES IN NIGERIA

Probate and Administration of Estate process refers to the process of granting and revoking the legal documents (probate or letters of administration) that authorize the management and distribution of a deceased person's estate, whether they left a will (testate) or did not leave a will (intestate).

The grant of Probate validates the powers and functions of an Executor to the Estate of a deceased, without prejudice to the fact that the authority of an Executor to act is derived from the Will. The Probate grant confers legal authority on the Executor to continue to act in that capacity. On the other hand, an Administrator derives powers to act from the grant of the Letters of Administration, and where there is no grant, he cannot act as an Administrator.

The Administration of Estates Law of various States in Nigeria and the High Court (Civil Procedure) Rules of each State of the Federation govern the management and administration of a deceased's property.¹ The law seeks to ensure that the properties left behind by deceased persons do not fall into the hands of unscrupulous persons and particularly persons whom the deceased would not wish to inherit his or her estate.

PROCEDURE FOR OBTAINING PROBATE

The procedure for obtaining probate depends on whether it is an application for probate where there are no disputes or objections to the validity of the Will or the appointment of the executor, or an application for probate where there are such disputes or objections.

The procedure for non-contentious grants (Common Form) is as follows:

1. Discovery, marking, and reading of the Will

2. Application for probate with required documents, including:

• Application letter
• A copy of the Will
• The Death certificate of the testator
• Proof of identity of the applicant(s) and proof of identity of the testator, such as driver's license, national ID, international passport, etc.
• Affidavit stating the place and date of death of the testator and his place of domicile before his death
• Declaration of all the personal properties of the testator (Inventory)
• Duly completed inventory specifically listing the properties of the testator
• Affidavit of due execution and affidavit as to handwriting, where applicable
• Bank certificate
• Passport photographs of the executors and attesting Witnesses
• Affidavit of Attesting Witnesses of Will
• Oath for Executors

3. Grant of probate by the Probate Registrar upon satisfaction that the Will was duly executed and that the testator made the Will with knowledge of its contents

Where the grant of probate is contentious (Solemn Form), the procedure is as follows:

1. Discovery, marking, and reading of the Will

2. Application for probate with required documents, including:

• Application letter
• A copy of the Will
• The Death certificate of the testator
• Proof of identity of the applicant(s) and the testator
• Affidavit stating the place and date of death of the testator and his
• place of domicile shortly before his death
• Declaration of all the personal properties of the testator (Inventory)
• Duly completed inventory specifically listing the properties of the testator (Particulars of Freehold/Leasehold Property Left by the Deceased)
• Affidavit of due execution and affidavit as to handwriting, where applicable.
• Bank certificate
• Passport photographs of the executors and attesting Witnesses.
• Affidavit of Attesting Witness of Will
• Oath for Executor
• Caveat Form
• Citation/Warning
• Writ of summons/Statement of Claim
• Notice of appearance/Statement of Defence

3. Issuance of a Caveat and citation

4. Appearance to citation

5. Probate action to determine issues such as the validity of a will or entitlement to administer the estate

6. Grant or refusal of the grant, depending on the outcome of the probate action.

PROCEDURE FOR OBTAINING LETTERS OF ADMINISTRATION

The procedure for obtaining Letters of Administration without Will at the Probate Registry is as follows:

1. An Application for Letters of Administration will be made by the Applicant or by his/her Solicitor to the Probate Registry

2. The following documents are attached to the Application Form:

• Payment Form
• Affidavit of no previous Application/Record
• Deceased's death certificate
• Declaration as to Next of Kin
• Inventory
• Particulars of Freehold/Leasehold Property left by the Deceased
• Bank Certificate (when applicable)
• Oath for Administration (without Will)
• Administration Bond
• Justification of Sureties
• Surety's Guarantee Form

3. The Application is screened and approved formally by the Probate Registry

4. A Legal Notice of the application and claim is published in a National Newspaper or Government Gazette. A period of 21 days is given for any person objecting to the grant to enter a Caveat at the Probate Registry

5. At the expiration of the 21 days and in the absence of the lodgment of Caveat, Minutes, and Order will be generated and sent to the Probate Judge for approval

6. Upon approval of the Probate Judge, Letters of Administration will be issued and duly signed by the Probate Registrar.

Although the procedure for the administration of estates and the issuance of probate or letters of administration in Nigeria seems fairly straightforward in theory, applicants may be faced with several challenges in practice.

Applicants often struggle with the high costs of processing, including application and publication fees, as well as the substantial probate duty payable before the grant is issued. The process itself may be cumbersome and complex to the average person, requiring professional assistance due to the difficulty of completing forms correctly and the potential for exploitation by court officials seeking extra payments.

Additionally, the procedure is plagued by significant delays caused by non-adherence to timelines, lengthy waiting periods, and bureaucratic inefficiencies. Corruption and incompetence among probate staff further compound these issues, leading to unnecessary delays, denial of legitimate grants, and, in some cases, the revocation of improperly obtained ones.^[2]

WAY FORWARD

Applicants are advised to take the following steps to minimize the challenges faced in the probate and administration of estate processes in Nigeria:

1. Seek professional assistance: Engage the services of a legal practitioner who is familiar with probate procedures to guide you through the process.

2. Ensure accurate documentation: Make sure all documents are accurately filled out and submitted to avoid delays.

3. Pay attention to deadlines: Ensure that all deadlines are met, including the 21-day waiting period after publication of notice.

4. Follow up on the application: Regularly check on the status of the application to ensure that it is being processed efficiently.

5. Be prepared to provide additional information: Be prepared to provide additional information or documentation if requested by the Probate Registry.

6. Keep records of all transactions: Keep records of all transactions, including payments and correspondence with the Probate Registry.

CONCLUSION

With proper planning, legal guidance, and a clear understanding of the procedures, interested persons can navigate the process more effectively and ensure the smooth transfer of assets to the rightful beneficiaries.

At The Trusted Advisors, we specialize in assisting individuals and families with the processing of their application for the grant of letters of administration/probate, as the case may be. Our experienced consultants are available to provide expert advice and support throughout the process of obtaining grants of probate or letters of administration.

Footnotes

1. In Lagos State, the relevant laws are the Administration of Estates Law, the Administration of Estates (Small Estates Payments Exemption) Law, and the Lagos State High Court (Civil Procedure) Rules 2019

2. Mrs Taiwo Adetokun, "Administration Of Estates And Probate: Issues And Challenges" https://www.scribd.com/document/620513197/ADMINISTRATION-OF-ESTATES-AND-PROBATE-Issues-and-Challenges?doc_id=620513197&download=true&order=670740780 Accessed July 18, 2025

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.