Introduction
When a loved one passes away without leaving a will, their family needs to obtain Letters of Administration to manage and distribute their estate. This legal document allows the family to access bank deposits, dispose of real estate, and handle other assets. As a non-lawyer seeking clarity on this topic, you’ll find this guide helpful in understanding the process and implications of obtaining Letters of Administration in Nigeria.
Contents
What are Letters of Administration?
Who Can Apply for a Grant of Letters of Administration?
Steps to Obtain Letters of Administration
Why are Letters of Administration Important?
What are Letters of Administration?
Letters of Administration is a crucial legal document issued by the High Court (or probate Court) of any Nigerian state. It grants specific individuals the legal authority to access the assets, money, and property of a deceased person who passed away without leaving a valid will.
Who Can Apply for a Grant of Letters of Administration?
The law outlines a specific order of priority for those eligible to apply for a grant of Letters of Administration:
- Spouse of the Deceased: The surviving spouse has the first right to apply.
- Children of the Deceased: If there is no surviving spouse, the children (or their surviving issue) can apply.
The Application Process
a. Eligibility
- The applicant must be entitled to apply personally or through a legal practitioner.
- Legal practitioners can submit applications on behalf of proposed administrators but cannot be co-applicants or sole applicants. However, a legal practitioner, can apply for Letters of Administration as an applicant with his relatives if the deceased is his family.
b. Timelines
- Ideally, the grant of Letters of Administration should occur within:
- 3 months after the death of the deceased (in Lagos State) or
- 6 months (in Abuja) from the deceased’s death.
That if the deceased died intestate (without a will).
- Applications are usually published to allow for objections and the filing of caveats.
Number of Administrators
- For security and continuity, the grant is typically made to at least two people (up to a maximum of four).
- Exceptions include appointing a Trust Corporation or the Administrator-General as a Sole Administrator.
Steps to Obtain Letters of Administration:
1. Application: Apply to the Probate Registry in the state where the deceased resided (note that the requirement for application in the state of residence does not require strict compliance. Just having an address in the state of application is enough).
2. Documentation: Provide necessary documents, including the death certificate, marriage certificate (if applicable), and a list of the deceased’s assets.
3. Assets verification
4. Assessment of the amount payable to the government after the deceased’s estate has been valued.
5. Sureties: Two sureties (guarantors) are required to ensure the administrator will manage the estate properly.
6. Publication: The application is published in a national newspaper to allow for any objections.
6. Issuance: If there are no objections, the Probate Court issues the Letters of Administration.
Why are Letters of Administration Important?
– Without Letters of Administration, the deceased’s family cannot legally access or manage the estate. For instance, no bank will let a deceased’s wife or kids have access to his money in the bank except they provide a Will or Letters of Administration.
– It ensures the estate is distributed according to the law, preventing disputes among family members.
Key Points to Remember
– The process can take a few months, so it’s important to start early. The time it takes from application till letters of administration is granted varies from state to state.
– Seek legal advice to navigate the process smoothly easily. Click here to consult one of our lawyers to help you get a Letters of Administration or help with any other legal issues.
Conclusion
Getting a letters of administration in order to have the legal authority to administer the estate of a someone who died intestate is important and should be done as soon as possible to help his family benefit from his estate.
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FAQs
- Can a legal practitioner be a sole applicant for Letters of Administration?
- No, a legal practitioner cannot be the sole applicant; they can only submit applications on behalf of proposed administrators.
- What is the maximum number of administrators allowed?
- The grant can be made to at least two people and up to four individuals, except in cases involving a Trust Corporation or the Administrator-General.
- Are there any specific requirements for publishing the application?
- Yes, applications are usually published to allow for objections and the filing of caveats.
- Can surviving children apply jointly for Letters of Administration?
- Yes, children (or their surviving issue) can apply jointly if there is no surviving spouse.
Does yhe wife of a deceased husband need a letter if administration to take possession of the house they lived in with their children for over 30 years?
She should for her own benefit, lest other greedy family members go to get letters of administration before her.
I have daughter from a woman that I didn’t marry. The woman just passed on without a Will.
Questions. Can my daughter who bears my name go for letter of Administration?
The properties are the maiden name of my daughter’s mother while my daughter bears my name. Your advice please.
Any relative that is an adult can do that, but there must be at least 2 people who are related to her
Where the late Father’s estate has been shared to the children (by local custom) would they need each other as co-applicants when applying for a LoA; given that each now has his share but the mandatory number of applicants is at least two persons?
That’s assuming each beneficiary wants to administer his share alone.
It’s neater and tidier for the whole family to get Letters of Administration and then, the administrators will transfer portions as shared to those concerned