Introduction
When a person dies, their property, money, and other assets cannot usually be accessed or distributed immediately. Nigerian law requires legal authority before anyone can manage or share the deceased person’s estate. This authority is granted by the Probate Registry of the High Court.
If the deceased left a valid Will, the executors named in the Will must obtain Probate. If the deceased did not leave a Will, the appropriate family members must apply for Letters of Administration.
Below are the major steps involved.
1. Determine Whether There Is a Will
The first step is to determine whether the deceased left a valid Will.
If there is a Will, the executors named in the Will apply for Probate. If there is no Will, the next of kin apply for Letters of Administration.
The presence or absence of a Will determines the type of application to be filed at the Probate Registry.
2. Obtain the Death Certificate
Before any probate application can begin, a death certificate must be obtained from the National Population Commission or the hospital where the death occurred.
This document confirms the death and is required for processing probate or letters of administration.
3. Apply at the Probate Registry
The application is made at the Probate Registry of the High Court in the state where the deceased lived or owned property.
The applicants will usually be required to submit:
A. A formal application for probate or letters of administration
B. The original Will (if one exists)
C. The death certificate
D. Passport photographs of the applicants
E. Identification documents
F. Details of the deceased’s assets and liabilities
The Probate Registry provides the necessary forms that must be completed.
4. Submission of Inventory of Assets
Applicants must provide a list of all assets and liabilities of the deceased.
This may include:
A. Land and buildings
B. Bank accounts
C. Vehicles
D. Investments Shares
E. Businesses
The value of the estate is important because it determines the probate fees payable to the government.
5. Publication of Notice
In many cases, the Probate Registry publishes a public notice of the application.
This notice allows anyone who has objections to the grant of probate or letters of administration to raise them within a specified period.
If no objection is filed, the process continues.
6. Payment of Probate Fees
Probate fees are usually calculated as a percentage of the value of the estate.
After the estate has been assessed, the applicants must pay the required fees before the grant can be issued.
7. Oath of Executors or Administrators
The executors or administrators must swear an oath of administration.
By taking this oath, they undertake to:
A. faithfully administer the estate
B. distribute the assets according to the Will or the law
C account properly for the estate
8. Issuance of Probate or Letters of Administration
After all requirements are satisfied, the Probate Registry issues:
Grant of Probate (where there is a Will), or Letters of Administration (where there is no Will)
This document gives the executors or administrators legal authority to manage and distribute the estate.
What Happens After Probate Is Granted?
Once probate or letters of administration is granted, the executors or administrators can:
A. access the deceased person’s bank accounts
B. sell or transfer property
C. pay debts owed by the estate
D. distribute the remaining assets to beneficiaries
Without probate or letters of administration, most financial institutions and government agencies will refuse to release the deceased person’s assets.
Important Probate Rules Many People Don’t Know (FCT Practice Insight)
While the general steps for obtaining probate or letters of administration are relatively straightforward, the Civil Procedure Rules of the FCT High Court 2025, particularly Order 59, contain important provisions that significantly affect how estates are administered in practice.
Understanding these rules can help avoid delays, disputes, and costly mistakes.
1. Opening and Reading of the Will
After the death of a testator, any person connected to the deceased may apply to the Probate Registrar for the opening of the Will.
The Registrar will:
- Notify family members and interested persons
- Fix a date for opening
- Formally open and read the Will
- Issue Certified True Copies (CTCs) upon payment of prescribed fees
This step is often overlooked but is crucial for transparency and dispute prevention.
2. What Happens Where the Original Will is Missing?
The law recognizes that a Will may not always be available in its original form.
In such cases, an application may be made to prove:
- A copy of the Will
- A draft
- A reconstructed version
- Other evidence of its contents
However, the applicant must provide affidavit evidence establishing:
- Due execution of the Will
- That the Will existed after the death of the testator
- That the contents being relied upon are accurate
This ensures that probate is not granted based on unreliable or fraudulent documents.
3. Who Has Priority to Apply for Probate?
Where multiple persons are interested in the estate, the law provides a clear order of priority.
Priority is generally given to:
- The executor named in the Will
- Residuary beneficiaries
- Other beneficiaries or interested persons
This hierarchy becomes particularly important in cases involving family disputes or competing applications.
4. When Probate May Be Refused
The grant of probate is not automatic.
The Probate Registrar has the power to:
- Require additional evidence
- Demand affidavits from attesting witnesses
- Refuse probate where the Will appears invalid
- Refer the matter to the Court where there is doubt
For example, probate may be refused where:
- The Will was not properly executed
- There are suspicious alterations
- There is doubt about the testator’s knowledge of the contents
5. Duty to Produce a Will
Any person in possession of a testamentary document is under a legal duty to deliver it to the Probate Registry.
Failure to do so:
- May attract penalties
- May delay administration of the estate
- Can raise suspicion of misconduct
This provision is particularly relevant in situations where family members attempt to conceal or withhold a Will.
6. Custody and Preservation of the Will
Once probate is granted:
- The original Will is retained in the Probate Registry
- Copies are preserved as official records
- The original cannot be removed without a court order
This reinforces the importance of proper Will registration and safe custody during the lifetime of the testator.
For more on how to ensure your Will is properly executed, see our guide on How to Write a Valid Will in Nigeria: Legal Requirements and Steps.
You may also find our article on Requirements for Registration of Wills in Abuja (FCT) helpful for understanding safe custody and probate readiness.
Conclusion
Obtaining probate or letters of administration is an essential legal step after the death of a property owner in Nigeria. The process ensures that the estate is properly managed, debts are settled, and the rightful beneficiaries receive their inheritance according to the Will or the applicable law.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Probate procedures may vary depending on the state and specific circumstances of each estate. Individuals are advised to consult a qualified legal practitioner for guidance on their particular situation.
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