PROCESS FOR OBTAINING A LETTER OF ADMINISTRATION IN LAGOS, NIGERIA

The legal procedure of granting relatives, dependents, or other interested parties the right to manage the assets of a deceased individual who passed away intestate is included in the process of getting a letter of administration in Lagos. The personal representatives of the deceased can also apply for a Letter of Administration in cases where a will is left but no executors are designated, or the executors appointed are no longer available or interested in carrying out the duties of the executor. The individual who receives a letter of administration is referred to as the "administrator" (for men) or "administratrix" (for women). Nonetheless, both men and women are frequently referred to as "administrators."  The grant must be administered by a minimum of two individuals. It is crucial to remember that the process for acquiring a letter of administration will vary depending on whether the matter is disputed or not. Therefore, the non-contentious application is related to the process outlined in this article. The following is an outline of the stages and process needed to process a letter of administration:

1. Document preparation: At this point, the required documentation has been gathered. Details, the administrators' means of identification, passport photos, and any documentation demonstrating the administrators' relationship to the deceased are required for the application, along with the deceased's death certificate, identification, and passport photo.

2. Application to the Probate Registrar: The administrators, acting on their behalf, submit a formal application to the Probate Registrar. The completed copies of the necessary documents, including a form for the application for a grant of a letter of administration, a bank certificate, an oath for administration, an administration bond, a declaration as to next of kin form, an inventory, the specifics of the deceased's properties, a copy of a publication, schedules of debts, and oaths or guarantees of sureties or guarantors, are also submitted to the Registry along with the necessary documents.

3. Property Inspection and Valuation: If the dead had any properties in Lagos State prior to their passing, a representative of the Probate Registry will proceed to check them and determine their worth. 10% of the official total worth will be charged by the State Government as estate duty after the value has been obtained, and this money will be given to the Probate Registrar's office. 10% of the deceased's estate worth must be paid as an estate charge or duty to the Probate Registrar in the event that there is no real property. During this stage, additional formal fees are also paid. An application for a review of the estate duty may be submitted in writing to the Chief Judge of the Lagos State High Court if the beneficiaries of the estate would want to request a decrease in the charge because they are financially incapable. It is crucial to understand that the deceased person's death benefit, such as a pension or death insurance, is subject to a considerably lower estate duty rate than the 10%.

4. Interview of the Administrators and Sureties: A register official conducts interviews with the administrators and their guarantors. Verifying the application's authenticity, the administrators' relationship to the deceased, and whether any of them are incapacitated are the goals of this. All of the material is contained in an affidavit that is deposed by the administrators and the sureties or guarantors.

 5. Publication: During this stage, the name and address of the deceased as well as the administrators are listed in a national daily newspaper or gazette so that anyone who might be interested in the deceased's estate can express any concerns or reservations. Within 21 days following the publication, such individuals are permitted to do so. The Probate Registrar will halt the procedure until the Court has made a decision and determined who is qualified to receive the letter of administration if a caveat is filed at the Probate Registry against any grant of the letter of administration.

6. Grant of Letter of Administration: The administrators will be issued the grant of letter of administration if the Probate Registrar is satisfied that all prerequisites and conditions have been fulfilled.

In conclusion, before any beneficiary or dependent of a deceased person can manage the deceased's estate, they must get a letter of administration. It is important note that the letter of administration can only be obtained in the location where the deceased individual had their domicile or permanent residence. It's also crucial to be aware that a letter of administration can only be issued in cases where the dead passed away without a legal will, the will did not designate any executors, or the executors were either unable or unwilling to carry out their duties.

By Family Law Team at Resolution Law Firm

Email: info@resolutionlawng.com

Tel/WhatsApp: +2348099223322