The process of obtaining a letter of administration in Nigeria involves legally authorizing relatives, dependents, or other interested parties to manage the assets of a person who died intestate (without a will). Additionally, if a deceased person left a will but did not name executors, or if the named executors are unavailable or unwilling to serve, the deceased’s personal representatives can also apply for a Letter of Administration.

The person granted this authority is called the “administrator” (for males) or “administratrix” (for females), though “administrator” is commonly used for both genders. At least two administrators are required for the grant. The procedure for obtaining a letter of administration varies depending on whether the application is contentious or non-contentious. This article outlines the non-contentious process.

The steps involved in obtaining a letter of administration are as follows:

1. Preparation of Documents: Collect necessary documents, including the death certificate, means of identification, and a passport photograph of the deceased. Additionally, gather details and means of identification of the administrators, their passport photographs, and documents proving their relationship to the deceased.

2. Application to the Probate Registrar: Submit a formal application to the Probate Registrar, including the required documents such as the application form for the grant, a bank certificate, an oath for administration, an administration bond, a declaration of next of kin form, an inventory, particulars of the deceased’s properties, a copy of the publication, schedules of debts, and oaths/guarantees of sureties/guarantors.

3. Inspection/Valuation of Real Property: If the deceased owned real estate in Lagos State for example, a Probate Registry official will inspect and value the property. The State Government charges 10% of the official total value as estate duty, payable to the Probate Registrar. If there is no real property, 10% of the value of the deceased’s estate is paid as an estate fee/duty. Additional official charges are also applicable. Beneficiaries can request a reduction in the estate duty due to financial hardship by applying to the Chief Judge of the Lagos State High Court. Death benefits like pension or death insurance are subject to a lower rate.

4. Interview of the Administrators and Sureties: The administrators and their sureties (or guarantors) are interviewed by a Probate Registry official to verify the application’s authenticity, the administrators’ relationship to the deceased, and their capability. Each administrator and surety also submits an affidavit with all relevant information.

5. Publication: The names and addresses of the deceased and the administrators are published in a gazette or national newspaper. Interested parties have 21 days to raise any objections.

This article provides a general overview of the subject. Please contact us directly for any specific legal assistance.