What intestate means
Intestate means no valid will.
It covers dying without making one, and also dying with one that fails, for example because it was not properly witnessed or was revoked by a later marriage.
The consequence is that you no longer choose. The law chooses, according to rules that take no account of who depended on you, who cared for you, or what you had promised anybody.
How it is used
When somebody dies intestate, the family applies to the probate registry for letters of administration. A court appoints administrators, who gather the estate, pay the debts and distribute the balance according to the applicable rules.
Which rules apply depends on the deceased's personal law and the nature of the property, and in Nigeria that can mean statutory rules, customary law, or Islamic law in some states, which is why outcomes differ so much between families.
Key features
- Applies where there is no valid will, or the will fails
- Administrators are appointed by the court rather than named by the deceased
- Distribution follows the applicable rules, not the family's preference
- Requires letters of administration before assets can be dealt with
- Generally slower, more expensive and more contentious than probate
How this works in Nigeria
The immediate hardship is cash. Banks freeze accounts on notification of death, and the family cannot access funds until letters of administration issue, which routinely takes many months.
Where the deceased was the household's earner, that gap is where the real damage happens, and it lands on the people least able to absorb it.
The distribution outcome also frequently shocks families. Unmarried partners typically take nothing. Blended families, stepchildren and children from different relationships often fare badly. Customary rules in some communities have historically disadvantaged widows and daughters, and although courts have struck down discriminatory customs, litigating that is slow and expensive.
Intestate vs testate
Testate means dying with a valid will. The executor named in it applies for probate, and the estate is distributed as the deceased directed.
Intestate means no valid will. An administrator is appointed and distribution follows rules the deceased never chose.
The difference is control, speed and cost. Probate on a clear will is comparatively straightforward. Administration on an intestate estate is slower, more contentious and much more likely to end in litigation between relatives.
Limits and risks
Nothing can be done about intestacy after death. The family cannot agree to distribute according to what they believe the deceased wanted, because administrators are bound by the rules and distributing otherwise exposes them personally.
A family settlement is sometimes possible where all beneficiaries are adults and agree, but it is a negotiation rather than a right, and one holdout can prevent it.
Worth knowing
A simple, properly witnessed will removes almost all of this. It is the cheapest legal document most people will ever need and the one most consistently put off.
Questions people ask
What does dying intestate mean?
Dying without a valid will. The estate is then distributed under the applicable intestacy rules or customary law, and the court appoints administrators rather than the deceased naming executors.
Who inherits when someone dies intestate in Nigeria?
It depends on the deceased's personal law and the property involved, and may follow statutory rules, customary law or Islamic law in some states. Unmarried partners generally take nothing, and blended families frequently fare badly.
Can we access the bank account before letters of administration?
Generally no. Banks freeze accounts on notification of death and require the grant first. This is the most immediate hardship of intestacy and one of the strongest practical arguments for making a will.
How long does it take to sort out an intestate estate?
Months at best, and considerably longer where the estate is complex or the family disputes who should administer it. Probate on a valid will is generally much faster.
Can the family agree to distribute differently?
Administrators are bound by the applicable rules and distributing otherwise exposes them personally. A family settlement is sometimes possible where all beneficiaries are adults and agree, but any one of them can refuse.