Argyle & Clover – Obtaining Letters Of Administration (Without Will) At The High Court Of Lagos State
When
a person dies intestate i.e. without leaving a Will, no person is allowed under
the administration of estate law to administer the estate of the deceased
without obtaining Letters of Administration. To do so will amount to
intermeddling with the Estate of the Deceased.
a person dies intestate i.e. without leaving a Will, no person is allowed under
the administration of estate law to administer the estate of the deceased
without obtaining Letters of Administration. To do so will amount to
intermeddling with the Estate of the Deceased.
The
Letter of Administration empowers the persons named therein to administer the
Estate of the Deceased. Prior to obtaining the grant of a Letter of
Administration on an Estate, the properties of the deceased are deemed to vest
in the Chief Judge of the State.[1]
Letter of Administration empowers the persons named therein to administer the
Estate of the Deceased. Prior to obtaining the grant of a Letter of
Administration on an Estate, the properties of the deceased are deemed to vest
in the Chief Judge of the State.[1]
Who
can apply for a grant of Letters of Administration?
can apply for a grant of Letters of Administration?
The
Administration of Estate Law of Lagos State[2], states in order of priority,
persons who are beneficiaries of a Deceased Estate and thus can apply for a
grant:
Administration of Estate Law of Lagos State[2], states in order of priority,
persons who are beneficiaries of a Deceased Estate and thus can apply for a
grant:
1. The Surviving spouse
2. The Children of the deceased or the issues of any
child who predeceased the deceased
child who predeceased the deceased
3. The Deceased’s Parents
4. Brothers and Sisters of the Deceased
5. Half Brother(s) and sister(s) of the Deceased.
6. Grand Parents
7. Uncles and Aunts.
Procedure
for Obtaining Letters of Administration
for Obtaining Letters of Administration
STEP
1
1
- Apply for
Grant At the Probates Registry
1. An Application letter shall be submitted at the
Probates Registry. The Application letter shall contain the following
information:
Probates Registry. The Application letter shall contain the following
information:
1. Full names of the Deceased
2. Date of Birth of the Deceased
3. Last known address of the Deceased
4. The Profession of the Deceased
5. Marital Status of the Deceased
6. Name of Deceased’ spouse and children (if any)
7. Date and Place of Death
8. Names of 2 Proposed Administrators
9. Relationship between the Deceased and the proposed
Administrators
Administrators
The
following documents shall be submitted with the Application Letter:
following documents shall be submitted with the Application Letter:
1. Death Certificate of the Deceased
2. Passport photographs and valid means of
identification of the Proposed Administrators
identification of the Proposed Administrators
- Obtain
Application Form from the Probates Registry
After
submitting the application letter, an applicant shall purchase an Application
Form from the Probates Registry which shall be completed and executed by the
Proposed Administrators. The Application Form is made up of the following
documents:
submitting the application letter, an applicant shall purchase an Application
Form from the Probates Registry which shall be completed and executed by the
Proposed Administrators. The Application Form is made up of the following
documents:
1. Inventory of moveable and immovable Bounties/Assets
of the Deceased
of the Deceased
2. Statutory affidavit of next of Kin. (This is to be
signed by the Next of Kin)
signed by the Next of Kin)
3. Oath of Administration
4. Administration bonds
5. Justification of sureties (2 Sureties one of whom
one must possess real property while the other must own a valid means of
identification shall execute this form). It is also important to ensure that
the sureties are available to appear in person when called upon by the Probate
Registrar.
one must possess real property while the other must own a valid means of
identification shall execute this form). It is also important to ensure that
the sureties are available to appear in person when called upon by the Probate
Registrar.
6. Bank/Share Certificate (Details of the Deceased’s
Bank Account and monies therein and Shareholdings be stated here)
Bank Account and monies therein and Shareholdings be stated here)
7. Particulars of Freehold/Leasehold property owned by
the Deceased.
the Deceased.
8. Schedule of debts owed by the Decease
9. Schedule of funeral expenses.
- Submission
of Bank/Share Certificate at the Bank(s)/Registrars of the Companies where
the Deceased owns Accounts/Shares
1. The Bank(s)/Registrars shall state details of monies/shares
and the value thereof.
and the value thereof.
- Return of
Duly Completed & Executed Application Form to the Probates Registry,
Payment of Publication Fee, Assessed Fee and Obtaining Approval of the
Probates Registrar
1. Upon completion and execution of the Application Form,
same will be submitted at the Probates Registry.
same will be submitted at the Probates Registry.
2. The Probates Registry will proceed to assess fees
payable on the Estate based on the information contained in the Application
Form.
payable on the Estate based on the information contained in the Application
Form.
3. The Proposed Administrators shall proceed to make
payment of Assessed fee and Newspaper publication fee with bank draft at a
pre-designated bank and evidence of payment i.e. Bank teller shall be furnished
to the Probates Registry.
payment of Assessed fee and Newspaper publication fee with bank draft at a
pre-designated bank and evidence of payment i.e. Bank teller shall be furnished
to the Probates Registry.
4. The Proposed Administrators may also apply to the
Probate Registry to have the estate assessment fee drawn from the deceased’s
account if there are sufficient funds therein.
Probate Registry to have the estate assessment fee drawn from the deceased’s
account if there are sufficient funds therein.
5. The Probates Registrar shall meet with the Proposed
Administrators & Sureties to verify that they meet the requirements to be
Administrators & Sureties.
Administrators & Sureties to verify that they meet the requirements to be
Administrators & Sureties.
6. The Probates Registrar approves the application and
orders the Proposed Administrators to depose to the Oath of administration.
orders the Proposed Administrators to depose to the Oath of administration.
- Publication
of Notice of Application for Letters of Administration
1. The application is published in a newspaper to
notify anyone interested in the estate of the deceased that a grant of letter
of administration has been sought by the Proposed Administrators.
notify anyone interested in the estate of the deceased that a grant of letter
of administration has been sought by the Proposed Administrators.
2. Once the publication is done, a period of 21 days
will be given for any-one who wishes to contest the application of the proposed
administrators to present such contest/opposition.
will be given for any-one who wishes to contest the application of the proposed
administrators to present such contest/opposition.
3. At the expiration of the 21 days, if there are no
oppositions, the Probates Registry shall proceed to draft and issue the Letter
of Administration.
oppositions, the Probates Registry shall proceed to draft and issue the Letter
of Administration.
The
entire process of obtaining Letters of Administration of an Estate can be
cumbersome and grueling especially for persons not familiar with the process.
Chances of being exploited as a result of ignorance are pretty high. It is
therefore advisable to seek the services of a Legal Practitioner.
entire process of obtaining Letters of Administration of an Estate can be
cumbersome and grueling especially for persons not familiar with the process.
Chances of being exploited as a result of ignorance are pretty high. It is
therefore advisable to seek the services of a Legal Practitioner.
[1]
Section 10 of the Administration of Estate Law Cap. 3 Laws of Lagos State 1994
[2]
Section 49 (1)
This
article is written by Betty Tokurah an Associate Counsel with the Law Firm of
Argyle & Clover Attorneys at Law
article is written by Betty Tokurah an Associate Counsel with the Law Firm of
Argyle & Clover Attorneys at Law
Ed’s Note- This article was originally published here.