Letters of Administration Application (Nigeria)
IN THE HIGH COURT OF [State] STATE
PROBATE DIVISION
IN THE ESTATE OF [Deceased Name], DECEASED
APPLICATION FOR LETTERS OF ADMINISTRATION
The humble petition of [Applicant Name], of [Applicant Address], [Applicant Occupation], [Applicant Relationship] of the above-named deceased, showeth as follows:
1. That [Deceased Name], late of [Deceased Address], [Deceased Occupation], died on [Date of Death] at [Place of Death] (Death Certificate No. [Death Certificate Number]).
2. That the said deceased died INTESTATE, without leaving any will or testamentary document, and that no other person has a prior right to administer the estate or has been appointed administrator.
3. That your petitioner is the [Applicant Relationship] of the deceased and is entitled to apply for Letters of Administration of the estate of the deceased under the Administration of Estates Law of [State] State.
ESTATE INVENTORY:
Real Property: [Real Property]
Bank Accounts: [Bank Accounts]
Other Assets: [Other Assets]
Known Liabilities: [Known Liabilities]
Estimated Gross Estate Value: [Gross Estate Value]
4. Your petitioner therefore humbly prays that Letters of Administration of the estate of the said [Deceased Name] may be granted to your petitioner.
Dated this [Application Date]
Filed at: [Probate Registry]
Applicant / Administrator
________________
Signature
Solicitor for Applicant (if applicable)
________________
Signature
What Is a Letters of Administration Application (Nigeria)?
A Letters of Administration Application in Nigeria captures the information a regulator requires to assess and process the request it covers.
The application is governed by the Administration of Estates Law of the applicable state — for example, the Administration of Estates Law of Lagos State (Cap A2, Laws of Lagos State 2015) for Lagos estates, or the Rivers State Administration of Estates Law for estates in Rivers State — together with the Non-Contentious Probate Rules made under those laws and the High Court (Civil Procedure) Rules of the relevant state. In Abuja (FCT), the Administration of Estates Act (Cap A3, Laws of the Federation of Nigeria 2004) and the Federal High Court (Civil Procedure) Rules 2019 govern the application process.
The application consists of several components filed together at the Probate Registry: (1) the application form or petition setting out the applicant's particulars and entitlement; (2) the Administrator's Oath, sworn before a Commissioner for Oaths or the Probate Registrar; (3) an Affidavit of Means setting out the gross value and composition of the estate; (4) a Schedule of Assets and Liabilities (the estate inventory); (5) certified copies of the Death Certificate; (6) executed Renunciations from all persons with higher priority who are not applying; and (7) evidence of payment of Probate Registry filing fees calculated on the gross estate value.
The Probate Registry reviews the application to confirm it is formal and complete, that the applicant has the requisite standing, and that the deceased has been properly identified. If satisfied, the Registrar issues the grant without requiring a court hearing (for uncontested applications). Contested applications — where another family member or creditor objects to the proposed administrator — are referred to a judge of the Probate Court for hearing and determination.
The legal framework governing the Letters of Administration Application (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Letters of Administration Application (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1837 (received English law) sets the foundational requirements.
When Do You Need a Letters of Administration Application (Nigeria)?
A Letters of Administration Application in Nigeria is needed as the first formal step in administering an intestate estate through the court system.
The application is needed when the deceased's family has determined that no valid will exists and that the estate includes assets — such as bank accounts, real property, shares, or vehicles — that require formal legal authority to collect, transfer, or sell.
The application is required when Nigerian financial institutions, including CBN-regulated commercial banks and microfinance banks, refuse to release funds from the deceased's accounts without sight of a valid court-issued grant of administration. Under CBN guidelines and the Banks and Other Financial Institutions Act 2020 (BOFIA 2020), banks have a duty to protect funds belonging to a deceased customer and may not release them to any claimant without appropriate legal authority.
The application is needed when the estate includes property registered in the deceased's name under a Certificate of Occupancy at a State Land Registry, as the Land Registry will not process any transfer of the property to the heirs unless the personal representative produces a valid Letters of Administration grant.
The application is required when the estate includes shares in publicly listed companies on the Nigerian Exchange Group (NGX) or privately held companies registered with the Corporate Affairs Commission (CAC) under CAMA 2020, as share registrars require a grant before processing any transmission of shares from the deceased's securities account.
The application is needed when the administrator must commence legal proceedings to recover debts owed to the deceased's estate — for example, outstanding rents, loan repayments, or damages from a pre-death lawsuit — as a person has no locus standi to sue on behalf of an estate without a court-issued grant from the Probate Division of the relevant State High Court. Under Section 3 of the Administration of Estates Law of Lagos State (Cap A2, Laws of Lagos State 2015), the High Court of Lagos State, Probate Registry issues grants of administration for Lagos estates. Section 6 of the Administration of Estates Act (Cap A3, LFN 2004) governs FCT estates processed through the Federal High Court Probate Registry. Section 4 of the Stamp Duties Act (Cap S8, LFN 2004) requires stamping of Administration Bonds, assessed by the Federal Inland Revenue Service (FIRS) or State Internal Revenue Service. Section 28 of the Land Use Act 1978 (Cap L5, LFN 2004) creates forfeiture risk for unadministered real property where Certificate of Occupancy ground rents fall into arrears. Section 189 of the Companies and Allied Matters Act 2020 (CAMA 2020) governs transmission of shares in companies registered with the Corporate Affairs Commission (CAC). Section 2 of the Limitation Law of Lagos State (Cap L62) imposes a 6-year limitation period on estate debt recovery claims. The Nigeria Data Protection Act 2023 (NDPA) administered by the Nigeria Data Protection Commission (NDPC) governs processing of deceased persons' data in probate proceedings.
Parties in Nigeria should prepare a Letters of Administration Application (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Letters of Administration Application (Nigeria)
A Letters of Administration Application in Nigeria must include the following components to be accepted by the Probate Registry.
Application Form / Petition: A completed application in the form prescribed by the relevant Probate Rules — for example, the Lagos State High Court (Civil Procedure) Rules 2019 and the Lagos Probate Practice Directions, or the Federal High Court (Civil Procedure) Rules 2019 for FCT estates — stating the applicant's name, address, relationship to the deceased, and the basis for priority to administer under the Administration of Estates Law of Lagos State (Cap A2, Laws of Lagos State 2015) or the Administration of Estates Act (Cap A3, LFN 2004).
Administrator's Oath: A sworn oath by the proposed administrator, deposed before a Commissioner for Oaths under the Oaths Act (Cap O1, LFN 2004) or the Probate Registrar, confirming the deceased's death, intestacy, the applicant's entitlement, the estimated estate value, and the applicant's undertaking to administer faithfully and account to the State High Court or Federal High Court.
Affidavit in Support: A detailed affidavit setting out the deceased's identity, date and place of death, domicile, the family members surviving, the circumstances of intestacy, and the applicant's priority under the Administration of Estates Law.
Death Certificate: A certified true copy of the Death Certificate issued by the relevant State Registry of Births, Deaths and Marriages, authenticated by the Registrar-General of the state.
Estate Inventory: A schedule listing all known assets — real property (with Certificate of Occupancy numbers from the State Land Registry), bank accounts at CBN-licensed commercial banks (institution names and approximate balances), shareholdings in companies registered with the Corporate Affairs Commission (CAC) under CAMA 2020 (company names and number of shares on the Nigerian Exchange Group — NGX register), motor vehicles (registration numbers), life insurance policies, and other personal property — together with known liabilities.
Renunciations: Signed and sworn Renunciations from all persons with higher priority under the Administration of Estates Law who are not applying, confirming they have relinquished their right to administer. These must also be sworn before a Commissioner for Oaths.
Administration Bond: In most Nigerian states, the Probate Registry requires the administrator to file a bond, with one or two sureties, guaranteeing faithful administration in a sum equal to the gross estate value. The bond must be stamped under the Stamp Duties Act (Cap S8, LFN 2004) and assessed by the Federal Inland Revenue Service (FIRS) or the relevant State Internal Revenue Service.
Proof of Fees: Official receipts confirming payment of Probate Registry filing fees — typically 1% to 2% of the gross estate value under Lagos Probate Practice Directions — and stamp duty on the administration bond.
Data Protection: Personal data of the applicant, the deceased, and beneficiaries processed through the Probate Registry must comply with the Nigeria Data Protection Act 2023 (NDPA) administered by the Nigeria Data Protection Commission (NDPC), and the Nigeria Data Protection Regulation (NDPR) 2019. The Supreme Court of Nigeria has ultimate appellate jurisdiction over contested probate grants. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Letters of Administration Application (Nigeria) (Nigeria) [Legal document template]. Forms Legal. https://forms-legal.com/nigeria/estate-planning/estate/letters-of-administration-application-nigeria
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author = {{Forms Legal}},
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year = {2026},
howpublished = {\url{https://forms-legal.com/nigeria/estate-planning/estate/letters-of-administration-application-nigeria}},
note = {Free legal document template. Based on Wills Act 1837 (received English law)}
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Frequently Asked Questions
To apply for Letters of Administration at a Nigerian High Court Probate Registry, the applicant must file: (1) a completed application or petition in the prescribed form; (2) an Administrator's Oath sworn before a Commissioner for Oaths or the Probate Registrar; (3) a supporting affidavit setting out the facts of the intestacy and the applicant's entitlement; (4) a certified true copy of the Death Certificate from the State Registry of Births, Deaths and Marriages; (5) a Schedule of Assets and Liabilities (estate inventory) showing the gross value of the estate; (6) Renunciations from all persons with higher priority under the Administration of Estates Law who are not applying; (7) an Administration Bond with at least one surety (many registries require two) in the gross estate value; and (8) official receipts confirming payment of Probate Registry fees, which are typically between 1% and 3% of the gross estate value depending on the state. In Lagos State, additional requirements under Lagos Probate Practice Directions may include a marriage certificate (for a spousal applicant), the deceased's birth certificate, and evidence of the applicant's Nigerian citizenship or lawful residence.
A foreign national can apply for Letters of Administration in Nigeria to administer a Nigerian estate, but additional requirements apply. The foreign applicant must establish their locus standi — typically their relationship to the deceased and priority under the Administration of Estates Law — and must comply with all procedural requirements of the relevant Probate Registry. Foreign nationals resident abroad may face practical challenges because Nigerian Probate Registries require personal attendance for swearing oaths and filing documents. The Probate Registrar may require that a co-administrator resident in Nigeria be appointed alongside the foreign national. Alternatively, the foreign national may appoint a Nigerian solicitor as attorney under a duly authenticated (apostilled or notarised) Power of Attorney to act in the probate proceedings. If the foreign national obtains a grant of administration in their home country covering assets in Nigeria, they may also apply for an ancillary grant in Nigeria on the basis of the foreign grant, under the principles of private international law applicable in Nigerian courts and the Administration of Estates Act (Cap A3, LFN 2004).
Probate Registry fees for Letters of Administration in Nigeria are determined by each state's court fee schedule and are calculated as a percentage of the gross estimated value of the estate. In Lagos State, Probate Registry fees are currently assessed on a sliding scale: a flat fee applies for estates below a threshold value, and a percentage fee (typically 1% to 2% of the gross estate value) applies for larger estates, subject to minimum and maximum caps. In Abuja (FCT), the Federal High Court Probate Registry has its own fee schedule. Additional costs include Commissioner for Oaths fees for swearing affidavits (regulated by the Oaths Act, Cap O1, LFN 2004 and state Oaths Laws), legal professional fees for the solicitor managing the application (typically 2% to 5% of the estate value for a straightforward intestate application), and stamp duty on the Administration Bond under the Stamp Duties Act (Cap S8, LFN 2004). The total cost of obtaining Letters of Administration in Nigeria for an estate worth NGN 50 million may range from NGN 1.5 million to NGN 3 million inclusive of professional fees, depending on the state and complexity of the estate.
If no family member applies for Letters of Administration within a reasonable period after the death of an intestate person in Nigeria, the High Court of the relevant state has jurisdiction to appoint an administrator on the application of any person with a beneficial interest — including creditors of the estate. Under the Administration of Estates Laws of most Nigerian states, the Public Trustee (established under state Public Trustee Laws, such as the Lagos State Public Trustee Law, Cap P9, Laws of Lagos State) may apply to administer the estate where no family member acts. An unadministered estate is exposed to several risks: bank accounts may become dormant and subject to CBN guidelines on unclaimed funds; real property may deteriorate and ground rents may fall into arrears, potentially leading to forfeiture proceedings under Section 28 of the Land Use Act 1978; debts owed to the estate may become time-barred under the Limitation Law of Lagos State (Cap L62) or equivalent state laws, which impose a 6-year limitation period for most contractual claims; and the estate may be subjected to claims by creditors without any administrator to defend the estate.
Administering an estate without Letters of Administration in Nigeria is legally problematic and inadvisable for any estate with formal assets. Nigerian banks, the Corporate Affairs Commission (CAC), State Land Registries, and share registrars all require a valid court-issued grant before releasing or transferring assets in the deceased's name. However, for very small estates consisting only of personal effects and cash amounts below a minimal threshold, some families proceed informally under customary law administration without obtaining a formal grant. This approach carries significant legal risk: any person who takes possession of or deals with estate assets without legal authority commits a breach of the Administration of Estates Law and may be personally liable to the estate's beneficiaries. Furthermore, customary law administration without a court grant does not confer the right to sue in court on behalf of the estate, register property transfers at the Land Registry, or require financial institutions to release funds. For any estate with bank accounts, real property, shares, insurance policies, or pension benefits, obtaining Letters of Administration is essential.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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