Probate Application (Nigeria)

A Probate Application in Nigeria captures the information a regulator requires to assess and process the request it covers.

Probate proceedings in Nigeria are primarily governed by the Administration of Estates Laws of each state — for example, the Administration of Estates Law of Lagos State (Cap A2, Laws of Lagos State 2015) and the Wills Law of Lagos State (Cap W2, Laws of Lagos State 2015). In states that have not enacted their own administration of estates legislation, the Administration and Probate Law 1959 (based on the English Administration of Estates Act 1925) applies by virtue of the applicable received English law. Federal Capital Territory (FCT) Abuja probate matters are governed by the Administration of Estates Act 1959 (FCT application) and the Federal High Court rules.

For deaths involving movable property only (personal estate), the Grant of Probate or Letters of Administration is obtained from the High Court of the state where the deceased was domiciled at death. For immovable property (land), the probate jurisdiction follows the state where the land is situated — a result of the lex situs rule. The Land Use Act 1978 applies to all land in Nigeria; a personal representative dealing with the deceased's land after obtaining a Grant of Probate must apply for governor's consent under Section 22 of the Land Use Act 1978 before any disposition of the land.

A Grant of Probate must be distinguished from a Resealing. Where probate has been granted in a foreign jurisdiction (for example, by the High Court of England and Wales), the personal representative may apply to a Nigerian High Court to reseal the foreign grant under the applicable state Administration of Estates Law, rather than commencing fresh Nigerian probate proceedings.

Under the Administration of Estates Law of Lagos State 2015 and similar statutes in other states, the personal representative has a duty to pay the deceased's debts (including tax liabilities to the Federal Inland Revenue Service (FIRS) and state Internal Revenue Services) before distributing the estate to beneficiaries. Failure to pay estate debts before distribution can make the personal representative personally liable to creditors.

The legal framework governing the Probate 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 Probate 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.

A Probate Application is required in Nigeria whenever a deceased person has left assets that require a court-authorised representative to collect and distribute.

A Probate Application for a Grant of Probate is needed when a person dies testate (with a valid will) that names an executor, and the executor needs to collect the deceased's bank balances from Nigerian banks, transfer or sell land in the deceased's name, claim insurance proceeds, or deal with the deceased's shares on the Nigerian Exchange Group (NGX). Banks and the CSCS (Central Securities Clearing System) require production of the original Grant of Probate before releasing or transferring assets.

A Probate Application for Letters of Administration is required when a person dies intestate (without a valid will) or when the named executor in the will has predeceased the testator, renounced probate, or is incapacitated. In intestacy, the Administration of Estates Law of the relevant state prescribes who is entitled to apply as administrator — typically in the order of surviving spouse, children, parents, siblings.

A Probate Application is needed when the deceased owned real property in Lagos State or another Nigerian state and the title must be formally transferred to the beneficiaries or the property sold to realise the estate. The Lagos State Land Registry requires production of the Grant of Probate or Letters of Administration before registering a transmission of land on the death of the registered owner.

A Probate Application is required when a Nigerian bank holding the deceased's accounts requires a court order before releasing funds to the next of kin. Most commercial banks in Nigeria — including Access Bank, GTBank, Zenith Bank, and First Bank of Nigeria — have internal policies requiring a Grant of Probate or Letters of Administration (or a Small Estate Affidavit for minor balances) before releasing accounts to heirs.

A Probate Application is needed when the deceased was a registered owner of shares in a company and the shares must be transmitted to the beneficiaries or sold, requiring the company secretary to update the register of members — a process that requires production of the Grant of Probate or Letters of Administration under CAMA 2020.

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.

A Probate Application in Nigeria must contain the following essential elements.

Petitioner Details: Full legal name, address, National Identification Number (NIN), and relationship to the deceased of the executor (for Grant of Probate) or proposed administrator (for Letters of Administration). The petitioner must be an adult of sound mind and not bankrupt.

Deceased's Particulars: Full legal name, last known address, date of death, place of death, age at death, and state of domicile. A certified copy of the death certificate issued by the National Population Commission (NPC) or the applicable State Registry must be attached.

Statement Regarding the Will: For Grant of Probate applications — confirmation that the deceased left a valid will, identification of the will by date and number of pages, and a statement that the will has not been revoked. The original will must be deposited at the Probate Registry. For Letters of Administration applications — a statement that the deceased died intestate (without a valid will) or that the will is invalid.

Inventory of Estate: A schedule of the deceased's assets and estimated values — including real property (with title references), bank account balances, shares, vehicles, jewellery, and business interests — and liabilities (debts, mortgages, taxes owed to FIRS). The inventory provides the basis for calculating probate fees payable to the State High Court.

Bond and Sureties: For Letters of Administration (intestacy), the court requires the administrator to execute an Administration Bond with sureties (guarantors) in a sum equal to twice the gross value of the estate, guaranteeing faithful administration. The requirement is imposed by most state Administration of Estates Laws to protect creditors and beneficiaries.

Oath of Executor/Administrator: A sworn affidavit (oath) by the executor or proposed administrator confirming the facts stated in the petition and undertaking to administer the estate faithfully according to law.

Distribution Plan (Letters of Administration): For intestacy applications, a statement of the proposed distribution of the estate in accordance with the intestacy rules of the applicable Administration of Estates Law — typically one-third to surviving spouse, two-thirds to children in equal shares under Lagos State law.

Governing Law: The Administration of Estates Law of the relevant state, the Wills Law, the Land Use Act 1978 (for land), and applicable High Court Civil Procedure Rules.

Additional compliance elements for a Probate Application (Nigeria) used in Nigeria include: 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. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.