Letter of administration is granted where a deceased person passed away without leaving a Will, that is, intestate. It is issued by the probate registry of the high court to an individual called an administrator to manage, dispose or administer the estate of the deceased person. Until the Letter of Administration is obtained, the estate of the deceased is deemed to be vested in the Chief Judge of the State where the deceased resided.
The Administration of Estate Law of Lagos state stipulates persons who can apply for the grant of a Letter of Administration:
- Surviving spouse of the deceased
- Children of the deceased or the surviving issue of a child who died in the lifetime of the deceased
- Father or mother of the deceased or the surviving issue of a child who died in the lifetime of the deceased
- Brothers or sisters of the deceased of full blood and the children of such brothers or sisters who died in the lifetime of the deceased
- Brothers or sisters of half-blood of the deceased
- Grandfather or grandmother of the deceased
- Uncles and aunts of full blood or their children
- Creditors of the Deceased
- Administrator General (where all the preceding fail)
Procedure for the grant of Letters of Administration:
The High Court of Lagos State has an online commencement procedure for application and grant of Letters of administration through its website, https://probate.lagosjudiciary.gov.ng:
- Application letter to the probate registrar to pay and obtain the requisite probate forms online, which include:
- Application for grant of letter of Administration
- Oath of Administration by the applicants
- Administration Bond
- Declaration as to Next of Kin.
- Inventory
- Particulars of landed property left by the deceased
- Schedule of debts and funeral expenses
- Sureties' Application Form
- Justification for Sureties
- Submission of duly signed and completed probate forms to the registry for endorsement and collection of Bank Certificate with accompanying documents such as:
- Death Certificate of the deceased
- Passport photo of the deceased
- Passport photos of all the proposed Administrators and sureties
- ID Cards of all the proposed Administrators and sureties.
- Endorsement of the Bank certificate by banks. Financial institutions and other fund administrators where the deceased had monies.
- Return of the endorsed Bank Certificate to the probate registry for assessment
- Payment of assessed estate fees.
- Scheduled interview at the probate registry with administrators and sureties.
- Publication in a national Newspaper or Gazette for 21 days to allow for objections.
- Approval by the probate judge where there is no objection after 21 days.
- Issuance of the Letters of Administration to the applicant.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
