Probate in Nigeria: Process, Timeline, and Costs

Probate in Nigeria is the court-supervised process of validating a Will and authorizing the named executors to manage and distribute a deceased person's estate. If there is no Will, the equivalent process — obtaining Letters of Administration — follows a similar path but with additional requirements. Either way, no bank, pension fund, or land registry will release assets without a valid court grant.

Here is what the process actually looks like, how long it takes, and where families lose time and money.

Grant of Probate vs Letters of Administration

These are two different court orders for two different situations:

Grant of Probate — issued when the deceased left a valid Will. The named executors apply to the Probate Registry of the State High Court, deposit the original Will, and prove its authenticity. The court validates the Will and empowers the executors to act.

Letters of Administration — issued when there is no Will (intestate) or when the Will is invalid. Proposed administrators (usually the surviving spouse and an adult child) apply to the court, which appoints them to manage the estate.

Until one of these orders is granted, the estate is legally vested in the Chief Judge of the state. No family member has legal standing to touch any assets.

The Probate Process Step by Step

1. File at the Probate Registry

Submit your application through the relevant state portal. In Lagos, the Lagos Automated Probate Registry System (LAPRS) handles online filing at probate.lagosjudiciary.gov.ng. You need the death certificate, passport photographs, valid government IDs for all executors or proposed administrators, and the original Will (for probate) or completed administration forms (for intestacy).

2. Asset Valuation and Fee Assessment

The Probate Registry's valuation department audits all disclosed real and personal property. For real estate, a physical inspection is scheduled with the state's Valuation Office. The registry then calculates the estate duty — in Lagos, this is 10% of the total assessed estate value.

This fee is one of the most contested aspects of Nigerian probate. Its legal basis has been questioned, since it is not explicitly established in state tax legislation. But in practice, registries refuse to issue grants until it is paid.

3. Registry Interview

All proposed administrators and their sureties must attend an in-person interview at the Probate Registry. Officers verify identities, confirm relationships to the deceased, inspect original documents, and assess whether the sureties understand their personal financial liability if the estate is mismanaged.

4. Newspaper Publication and Caveat Window

The registry publishes the application details in a national newspaper, opening a strict 21-day objection window. Any interested party can file a "caveat" — a formal objection that immediately halts the entire process. Caveats have a statutory lifespan of three months in Lagos and six months in Abuja. If a caveat is filed, the dispute must be resolved by the High Court before the grant can proceed.

5. Sealing and Issuance

If no caveats are active after the 21-day window, the file goes to the Probate Judge. Upon review, the judge signs the order, and the grant is sealed and issued.

How Long Does Probate Take in Nigeria?

Realistically, 6 to 12 months in Lagos for an uncontested estate. Contested estates — where a caveat is filed or family members dispute the Will — can take years.

The biggest timeline killers are document discrepancies (name mismatches between the death certificate, bank records, and NIN), incomplete asset disclosures that require multiple valuation rounds, and contested caveats that trigger High Court litigation.

Common Probate Mistakes

Not disclosing all assets. If the registry discovers undisclosed bank accounts or properties after the grant is issued, the grant can be revoked and the administrator faces personal liability.

Intermeddling before the grant. Withdrawing money from the deceased's accounts, transferring property, or distributing assets before the court issues a grant is illegal. It exposes you to civil and criminal liability, and banks that discover unauthorized access will report it.

Choosing the wrong sureties. Sureties must have sufficient financial standing to cover the estate's value if something goes wrong. The registry interview specifically probes this — weak sureties mean a rejected application.

Ignoring resealing requirements. A probate grant is only valid in the state that issued it. If the deceased owned property or held bank accounts in other states, you must "reseal" the grant in each of those states — a separate court application that takes approximately six months.

The Administrator-General and Public Trustee

The Administrator-General and Public Trustee (AGPT) operates within the Ministry of Justice in various states. This office handles estates where no family member has applied for administration, protects the inheritance rights of minors and widows, mediates family disputes, and can be appointed by the court to manage contested estates.

If you are a vulnerable heir — a widow facing pressure from in-laws, a minor without a guardian, or a family dealing with estate dissipation — the AGPT is a statutory resource you can access directly.

What the Grant Unlocks

Once you hold a Grant of Probate or Letters of Administration:

• Banks will unfreeze the deceased's accounts and release funds
• Pension Fund Administrators will process death benefit claims
• The Land Registry will process property transfers with Governor's Consent
• Insurance companies will pay out life and group coverage policies

Each of these steps has its own documentation requirements and timelines. The Nigeria Estate Settlement Guide covers the complete workflow from probate application through final asset distribution, including the exact forms, fee schedules, and agency contacts for every step.

Guide to Estate Settlement and Inheritance in Nigeria →