Inheritance in Nigeria: How to Claim a Dead Person’s Money and Property, Steps to Follow
- In Nigeria, a deceased person's estate is automatically vested in the Chief Judge of the State until probate is granted by the Probate Court
- Executors named in a Will cannot touch or distribute any part of the estate before obtaining a Grant of Probate, or risk civil and criminal charges
- The probate process requires several key documents and can follow two different application routes depending on whether the Will is disputed
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Legit.ng journalist Adekunle Dada has over eight years of experience covering metro, government policy, and international issues
When someone dies leaving behind a valid Last Will in Nigeria, their estate does not automatically pass to the people named in that Will. The law places the entire estate under the authority of the Chief Judge of the State until the Probate Court issues a legal document known as a Grant of Probate.
This means that even if you are named as an executor in the Will, you cannot touch, sell, or distribute any part of the deceased's property, bank balances, or other assets without first obtaining probate.
Source: UGC
As reported by Legal500, doing so could expose you to both civil and criminal liability.
When can you apply for probate?
A Grant of Probate can be issued as early as seven days after the testator's death.
The person with the strongest right to apply is the executor named in the Will, followed by residuary legatees and, further down the order, specific legatees, creditors, or next-of-kin.
Once the Will is located at the Probate Registry, a solicitor must formally notify the Probate Registrar and arrange a date for the reading of the Will. After that, the solicitor applies for probate on the executor's behalf.
There are two routes for this application. Where no one is likely to challenge the process, the application is made by Common Form.
Where a caveat has been entered by an interested party who disputes the Will or the right to administer the estate, the application must proceed by Solemn Form, which involves the Probate Court resolving the dispute before probate can be granted.
Documents you will need
The executor must provide personal details of the deceased, including full name, date of birth, address, and marital status, as well as the date and place of death.
Documents to be presented include the death certificate, passport photographs, and valid identification for both the applicants and the witnesses to the Will.
The solicitor will then prepare and file additional documents at the Probate Registry, which include:
1. An application letter
2. An Oath of Administration by the executors
3. Administration Bonds
4. A statutory affidavit from the Will's attesting witnesses
5. An inventory of the deceased's movable and immovable assets
6. A schedule of debts owed by the deceased
7. An oath or justification of sureties
8. Particulars of any freehold or leasehold property left behind 9. A schedule of funeral expenses 10. Bank statements or share certificates showing account balances or company shareholding
Once all conditions are met, any caveat is dismissed, and the prescribed fees are paid, the Probate Registrar grants probate through an Order of the Chief Judge.
Given the procedural complexity of the process, legal experts strongly advise executors to engage a qualified solicitor from the outset to avoid delays, errors, and potential legal consequences.
Source: Original
Denial of female inheritance is crime
Meanwhile, Legit.ng also reported that the Anambra Attorney General Tobe Nweke SAN wrote to the Nigerian Police directing them to investigate complaints from women denied property inheritance.
The AG's letter, signed personally and shared with journalists on Monday, September 26, 2026, cited a specific law to back the prosecution push.
Denying women and girls the right to inherit property is a criminal offence in Anambra State, punishable with up to 4 years imprisonment.
Source: Legit.ng
