Navigating Probate Law in Nigeria: What You Need to Know

The death of a loved one is always painful, but for many families in Nigeria, grief is often compounded by disputes, confusion, and legal complexities over the deceased’s estate. This is where probate law comes in. Probate provides a structured legal framework for managing and distributing the estate of a deceased person, whether they left a valid will or not.

Yet, for many Nigerians, probate is often viewed as a daunting, complicated, and costly process. Questions abound: What exactly is probate? How much does it cost? What if the deceased left no will? And is there a way to avoid it altogether?

This article demystifies probate in Nigeria, explaining the laws, processes, risks, and practical steps to ensure peace of mind for families and beneficiaries.

What Is Probate in Nigeria?

In simple terms, probate is the legal process of proving a will’s validity and administering a deceased person’s estate—their property, money, and possessions. If there is no will, the process is still required, but instead of granting probate, the court issues letters of administration.

Without probate or letters of administration, beneficiaries cannot legally access, manage, or distribute the deceased’s estate. This makes the process unavoidable in most cases.

Key Laws and Authorities Governing Probate

Probate in Nigeria is regulated at the state level. The State High Court has exclusive jurisdiction over matters relating to probate and estate administration. Each state has a Probate Registry—a division of the High Court—that issues grants of probate and letters of administration.

The applicable laws include:

• The Wills Act 1837 (as amended in Nigeria)
• State-specific Wills Laws
• Administration of Estate Laws
• High Court Civil Procedure Rules

These laws collectively ensure that estates are administered fairly and in accordance with the deceased’s wishes (if a will exists) or statutory provisions (if no will exists).

Who Manages the Estate?

Those responsible for managing a deceased’s estate are called personal representatives:

• Executors – Appointed by the deceased in a valid will.
• Administrators – Appointed by the court where no will exists, or where executors are unwilling or unable to act.

These representatives are legally bound to act in the best interests of the estate and its beneficiaries.

Types of Grants in Probate

• Grant of Probate – Issued when the deceased left a valid will naming executors.
• Grant of Administration with Will Annexed – Where a will exists but executors are absent, unable, or unwilling to act.
• Letters of Administration – Issued when the deceased died intestate (without a will).

Dying Without a Will: How Intestate Estates Are Handled

If someone dies intestate in Nigeria, their estate is vested in the Chief Judge of the state until letters of administration are granted. The law prioritizes who may apply for such grants. For instance, under the Administration of Estate Law of Lagos State, the order of priority is:

1. Surviving spouse
2. Children or grandchildren (if parents predeceased)
3. Parents
4. Siblings or their children
5. Half-siblings or their children
6. Grandparents
7. Uncles and aunts
8. Creditors
9. Administrator-General (if no qualified family member applies)

It is important to note that where the deceased contracted a customary marriage, the estate may be governed by customary law unless the marriage was conducted under the Marriage Act.

Probate Fees in Nigeria

One of the most debated aspects of probate is cost. Probate fees typically range between 5% and 10% of the estate’s value, depending on the state.

For example:

• In Lagos State, estates worth more than ₦1,000,000 attract a 10% probate fee.
• If an estate is valued at ₦5,000,000, probate fees could amount to ₦500,000.

These fees can be financially burdensome, especially when coupled with legal and administrative expenses.

Probate Disputes: A Breeding Ground for Family Conflict

Unfortunately, probate often becomes a battleground for family disputes. Common issues include:

• Challenging the validity of a will – Allegations of undue influence, forgery, or lack of capacity.
• Disagreements over asset distribution – Especially in blended families or polygamous households.
• Executor disputes – Conflicts over who should manage the estate.

Such disputes can drag on for years, deplete the estate’s value, and deepen family rifts.

The Probate Process: Step by Step

While details vary by state, the general probate process in Nigeria includes:

1. Application – Executors (if a will exists) or proposed administrators (if not) submit a formal application. In Lagos, this is now done online.
2. Valuation – The probate registry assesses the estate’s value to determine fees payable.
3. Surety Requirements – Administrators and their sureties are interviewed to verify claims.
4. Publication – The deceased’s and administrators’ details are published in a widely circulated newspaper, allowing objections (caveats) within 21 days.
5. Grant Issuance – If no objection arises, the grant of probate or letters of administration is issued, empowering representatives to manage and distribute the estate.

Can Probate Be Avoided?

Yes, to some extent. One common strategy is to establish a revocable trust. This allows an individual to:

• Retain control of assets during their lifetime.
• Direct how assets should be distributed after death.
• Avoid probate court, as assets in trust do not form part of the probate estate.

Other strategies include joint ownership of property and lifetime gifts, though these come with their own risks and limitations.

Probate vs. Estate: What’s the Difference?

It’s worth clarifying the distinction:

• Estate – All property legally owned by the deceased.
• Probate – The court-supervised process of validating a will and distributing the estate.

Even with a will, probate is often required before the estate can be lawfully accessed.

Practical Precautions

To ensure a smooth probate process and protect your family from unnecessary conflict:

• Make a Will – Clearly outline your wishes and appoint trusted executors.
• Seek Legal Guidance – Engage a probate lawyer early to avoid mistakes.
• Plan Ahead – Consider trusts or estate planning tools to minimize costs and delays.
• Keep Records Updated – Regularly review and update wills, asset lists, and beneficiary designations.

Conclusion

Probate law in Nigeria plays a critical role in ensuring that estates are administered fairly and lawfully. However, it is a complex, costly, and often contentious process. Families without proper legal guidance risk losing valuable time, money, and even relationships.

By understanding the laws, planning ahead, and seeking professional advice, Nigerians can transform probate from a source of conflict into a tool for preserving wealth and family harmony.

At Ace & Vanguard Legal Practitioners, we provide expert guidance on wills, probate, estate planning, and dispute resolution—helping you secure peace of mind and protect your legacy.