What probate means
Probate is the court saying yes, this is the will, and yes, these are the people who may act on it.
When somebody dies leaving a valid will, the will names executors. Those executors have authority in principle from the moment of death, but no bank, land registry or share registrar will act on that authority until a court has confirmed it. The grant of probate is that confirmation.
It is issued by the probate registry of the High Court of the state where the deceased lived or held property. Once granted, it is the document the executors present everywhere: to release bank balances, to transfer land, to deal with shares, to collect a pension.
Without a will there is no probate, because there are no executors to confirm. The equivalent process is an application for letters of administration, and the estate is then distributed according to the law rather than according to anybody's wishes.
How it is used
The process follows a settled path, and it is slower than families expect.
The executors take the original will and the death certificate to the probate registry. They file an application, swear an oath as executors, and file an inventory of the estate listing every asset and its value, along with the debts.
The registry publishes notice of the application, which gives anybody disputing the will a window to enter a caveat. Fees are assessed on the value of the estate. Once everything is settled and no valid objection stands, the grant is issued.
Executors then collect the assets, pay the debts and any assessed fees, and distribute what remains as the will directs. They must keep accounts, because beneficiaries are entitled to see what was collected and where it went.
Where the deceased held assets in more than one country, a grant obtained abroad can often be resealed in Nigeria rather than starting again, which is a common route for Nigerian families in the diaspora.
Key features
- Granted by the probate registry of the state High Court
- Confirms the will is valid and the executors may act
- Requires the original will, the death certificate and a full inventory of the estate
- Fees are assessed as a percentage of the value of the estate
- Notice is published, allowing objections by caveat
- A foreign grant can often be resealed rather than applied for afresh
How this works in Nigeria
Timing is the first surprise. A straightforward Nigerian probate application is usually measured in months rather than weeks, and a contested one can run for years. Families who expected to access an account within a fortnight often discover the delay at the worst possible moment.
The second surprise is that accounts are frozen from the moment the bank has notice of death. That includes the personal account through which a sole trader ran their business, which is why business owners are advised to keep company accounts separate and to have someone else authorised.
The third is the fee. Probate fees are charged on estate value, so a substantial estate carries a substantial cost, payable before the grant issues. Families sometimes have to borrow to unlock an estate they are inheriting.
Lagos and several other states now run parts of the process electronically, which has helped, but the inventory and the valuation remain the slow parts. Resealing of foreign grants is well established in Lagos in particular.
Probate vs letters of administration
Same destination, different road, and the difference is whether there was a will.
Probate applies where there is a valid will. The executors named in it apply, the court confirms the will, and the estate is distributed as the will directs. The deceased chose who acts and who receives.
Letters of administration apply where there is no will, or where the will named no executor who is able and willing to act. Somebody entitled under the intestacy rules applies, and the estate is distributed according to law, not according to anyone's preference.
Letters of administration are generally slower and more contentious, because the family first has to agree, or fight about, who applies. Administrators are also usually required to provide sureties, which probate does not need.
The practical lesson is short. A will is not only about who inherits. It is about sparing your family the harder of the two processes.
Limits and risks
Probate confirms the will. It does not fix a bad one.
A will that was not properly executed, or that was made under undue influence, or that fails to deal with part of the estate, produces exactly those problems at the probate stage. Grants are also open to challenge, and a caveat entered by a disgruntled relative stops the process while the dispute is resolved.
Probate also cannot reach what the deceased did not own. Property held jointly with a right of survivorship, and family land held under customary tenure, may pass outside the estate altogether.
And it costs. Fees assessed on estate value, professional fees, valuation costs and the delay itself all fall on the family before anybody receives anything.
Worth knowing
Tell your executors where the original will is kept, and keep a written list of your accounts, properties and policies with it. Nigerian estates are most often delayed not by the court but by a family that cannot establish what the deceased actually owned.
Questions people ask
What is probate?
It is the court order confirming that a will is valid and that the executors named in it have authority to deal with the estate. Banks, registries and registrars generally will not release anything until it is granted.
How long does probate take in Nigeria?
A straightforward application usually takes several months, and a contested one can take years. The slowest parts are compiling the inventory, valuing the estate and clearing the notice period.
What is the difference between probate and letters of administration?
Probate applies where there is a valid will and confirms the executors. Letters of administration apply where there is no will, and the estate is distributed under the intestacy rules by administrators appointed by the court.
How much does probate cost in Nigeria?
Fees are assessed as a percentage of the value of the estate and vary by state, with professional and valuation costs on top. Because the fee is payable before the grant issues, families sometimes have to fund it from outside the estate.
Can a bank release money before probate?
Generally no. Accounts are frozen once the bank has notice of death, and the grant of probate or letters of administration is what unlocks them. Being named as next of kin does not change this.
Can a grant of probate obtained abroad be used in Nigeria?
Often yes, by applying to reseal it in the relevant Nigerian state, which is quicker than a fresh application. It is a common route where the deceased lived abroad but held Nigerian property.