When a person dies without a valid will, no one automatically has authority to deal with their estate. Banks will not release money, companies will not transfer shares and land registries will not record a transfer of property until the court has appointed administrators. In Lagos State, that appointment is made by a grant of letters of administration from the Probate Registry of the High Court.
When letters of administration are needed
Letters of administration are needed where the deceased left no will, or where a will exists but no executor is able or willing to act. Where there is a valid will with an executor who will act, the executor applies for probate instead.
Who can apply
Applications are usually made by close family members, such as the surviving spouse or adult children of the deceased, or others entitled to share in the estate. The Registry generally expects the family to agree on who will apply, and it usually requires more than one administrator, particularly where any beneficiary is a minor. Disputes about who should administer the estate can delay the grant considerably.
What the Probate Registry will ask for
Requirements change from time to time, but applicants should expect to provide:
- The Registry's application forms, completed and sworn.
- Proof of death, such as a death certificate.
- Details of the deceased's family and the people entitled to the estate.
- A declaration of the assets and liabilities of the estate, with supporting documents such as bank statements, share certificates and title documents.
- Passport photographs and identification for the applicants.
- Sureties or a bond guaranteeing that the administrators will carry out their duties properly.
Fees are payable, generally calculated by reference to the value of the estate. The application may also be published so that anyone with an objection has the opportunity to come forward.
How long it takes
The time to obtain a grant depends on how complete the documents are, whether the family agrees, the size of the estate and the Registry's workload. A well-prepared, uncontested application moves considerably faster than one where documents are missing or a family member objects.
What happens after the grant
The grant gives the administrators legal authority to act for the estate. Their duties include:
- Collecting and securing the estate's assets, including bank balances, rents and investments.
- Managing estate property until distribution, including dealing with tenants and maintenance.
- Paying the deceased's debts, funeral expenses and the costs of administration.
- Distributing what remains to the people entitled under the applicable law.
- Keeping proper accounts and being able to show how the estate was handled.
Which law governs distribution depends on the deceased's circumstances. The estate of a person in a statutory marriage is generally distributed under the Administration of Estates Law, while customary or Islamic law may govern other estates. Getting this right at the start avoids disputes later.
Avoiding the problem altogether
Most of the delay and conflict in intestate estates can be avoided with a valid will that names trusted executors. If you have not made a will, or your will no longer reflects your family and assets, it is worth reviewing now.
This article is general information, not legal advice. The law and court practice change, so please take advice on your own circumstances.