Property After Death: Probate & Letters of Administration in Lagos

TL;DR: When a Lagos property owner dies, nobody — not the spouse, not the eldest child — can legally sell, transfer or properly manage that property until the High Court issues authority: a grant of probate where there is a valid will, or letters of administration where there is none. The Lagos Probate Registry runs the process, charges are assessed on the estate's value (estate duty is commonly assessed at around 10%), and until the grant issues, the property is legally frozen.

The two roads: will or no will

With a will — probate. The will names executors. They apply to the Probate Registry of the Lagos State High Court to prove the will. The registry reads the will, verifies execution and witnesses (the "marking" of the will), assesses the estate, and issues a grant of probate. That grant is the executors' legal power to collect assets, pay debts and transfer the property to beneficiaries.

Without a will — letters of administration. The estate is intestate. Eligible family members — the law's order of priority starts with the surviving spouse and children — apply for letters of administration, posting an administration bond with sureties. Once granted, the administrators step into the same legal shoes as executors, but distribution follows the Administration of Estates Law and applicable customary/statutory rules rather than the deceased's wishes.

In both roads the destination is identical: no grant, no legal dealing with the land. A buyer who pays a family member for a dead man's house without a grant has bought litigation.

The Lagos process, step by step

1. Death certificate and identification of assets: bank accounts, shares, pensions — and the property's title documents.
2. Open a file at the Probate Registry. Application forms are purchased and completed; for letters of administration the pack includes the application, oath, administration bond, declaration of next of kin, inventory of assets and particulars of properties. Banks and pension administrators certify balances on the registry's forms.
3. Assessment. The registry values the declared estate and issues a payment sheet. This is the financial shock of probate: duty is assessed as a proportion of the estate's value — commonly put at about 10% of real and personal property in Lagos — and it must be paid before the grant. Under-declaring invites challenge; over-declaring inflates the bill. Accurate valuation matters.
4. Publication. The application is published in a national newspaper, opening a window — 21 days — for caveats: anyone opposing (a forgotten spouse, a disputed will, another branch of the family) can enter a caveat and stop the grant until the court resolves it.
5. Minutes, order and sealing. With no caveat, the file passes to the Probate Judge for approval; the grant is prepared, signed by the Probate Registrar and sealed.
6. Dealing with the property. With grant in hand, the executors/administrators can transfer the house: a deed of assent or vesting instrument in favour of beneficiaries, followed by Governor's Consent and registration at the Lands Registry so the beneficiary's title is complete.

Timelines vary with the estate's complexity and the registry's workload — uncomplicated estates still take months, and contested ones take years. Anyone promising you two weeks is selling something.

Where property families get stuck

• The house is occupied before the grant. Relatives move in "to protect it," tenants stop paying rent to anyone, and the estate bleeds value while paper crawls. Executors should secure the property and regularise occupation early.
• The will cannot be found, or two wills surface. Probate becomes contentious; expect court.
• Estate duty is unaffordable. The 10%-of-value reality strands families whose wealth is the house itself. Some sell smaller assets first; some negotiate time. There is no legal shortcut around the assessment.
• Beneficiaries want to sell immediately. They cannot until the grant issues and the property vests in them (or the executors sell within their powers). Rushed "family sales" before grant are how buyers lose deposits.

Frequently asked questions

What is the difference between probate and letters of administration?

Probate is granted where the deceased left a valid will, to the executors named in it. Letters of administration are granted where there is no will (or no executor able to act), to eligible family members in a legal order of priority.

How much does probate cost in Lagos?

The registry assesses charges on the estate's value — estate duty is commonly assessed at around 10% of the estate — plus application, publication and legal fees. Confirm the current assessment at filing, because charges are registry-administered.

How long does probate take in Lagos?

Months for a straightforward estate; much longer where caveats or disputes arise. The publication stage alone carries a 21-day window before the grant can proceed.

Can we sell the deceased's house before the grant issues?

No — not legally. Only the executors or administrators armed with the grant can deal with the property. Paying any family member before then puts the buyer at serious risk.

What transfers the house to a beneficiary after the grant?

A deed of assent/vesting from the executors or administrators, then Governor's Consent and registration at the Lagos Lands Registry to complete the beneficiary's title.

General information only, not legal advice. Probate is registry- and court-driven; an estates lawyer should run your family's file.

Related reading

• How to Buy Property for Your Children in Lagos (Trust & Gift)
• Property Valuation in Lagos: How Banks & Valuers Price Your House
• Buying Property in Lagos from Abroad: The Complete Diaspora Guide
• Buying Property with Your Spouse: Joint Title Explained