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LETTERS OF ADMINISTRATION IN NIGERIA; SEE HOW LONG IT TAKES TO OBTAIN IT

LETTERS OF ADMINISTRATION IN NIGERIA; SEE HOW LONG IT TAKES TO OBTAIN IT

Letters of administration in Nigeria and how long it takes to obtain it have made RTWI to present this piece of article.

`RTWI will attend to the above topic under the following outlines:

  1. The answer to the question how long does it take to obtain letters of administration in Nigeria
  2. The approach to the question how long does it take to obtain letters of administration in Nigeria under testate condition (with will).
  3. The approach to the question how long does it take to obtain letters of administration in Nigeria under intestate situation (without will)
  4. Law Firms recommended by RTWI to women in such situation.

At this point a definition is required.

Letters of Administration: This is the letter always issued by the Registrar of a Probate as it concerns the estate of a deceased person. This letter  confers on a person known as the benefactor of an estate the power to see to the complete administration of the estate of such deceased person.

Letters of Administration in Nigeria is usually obtained when a man died intestate (without without will)

 

HOW LONG IT TAKES TO OBTAIN LETTERS OF ADMINISTRATION IN NIGERIA?

The answer to the question how long does it take to Obtain Letters of Administration in Nigeria is 2 to 3 months.

Below is the breakdown of what consumes the time mostly:

  1. The visit to the Local Government to get the proof of death (Death Certificate) – 3 weeks due the Nigeria System and gathering of relevant documents.
  2. The Visit to the Probate Registry for the first time to submit your documents and make your request known – 2 weeks due the Nigeria System where concerned officers rarely come to work.
  3. The review of the application and provision of further demands by Probate Registry which include the provision of the deceased List and proofs of Estate (s) – 3 weeks due the Nigeria System and gathering of relevant documents.
  4. The assessment of the Estate, application of Inheritance Tax which is 10 % of the value of the Estate, the approval of the Presiding Judge of the Probate whose availability is often not guaranteed and the 21 days Publication – One Month due the Nigeria System and gathering of relevant documents.
  5. After this the Letters of Administration is issued.

Upon submission of these requirements, the Probate Judge will process and approve after assets on the assets list have been verified too.

This is usually the case because the executor’s must pay 10% of everything which include cash, its equivalents and properties

21 days publication is also made at the local government. It is a publication which notifies people of your claims to the estate of the deceased person.

After 21 days, this notification becomes invalid.

The fear of how-long-does-it-take-to-obtain-letters-of-administration-in-Nigeria      has really pushed many off from fighting for a just cause as it concerns their properties.

Please you will learn more on this as we progress.

letters of administration in Nigeria

In sincerity the issue of how long does it take to obtain letters of administration in Nigeria is difficult only in the sound of the words but not in the execution of those words.

A view of this topic DO YOU NEED PROBATE IF THERE IS A SURVIVING SPOUSE might be helpful.

 

Where do I get letter of administration?

The answer to the question where do I get letter of Administration?,  is summarily the Probate Registry.

One cannot succeed in Probate Registry in quest for LA without observing other places that must be visited to obtain documents needed by the Probate Registry.

Please find below steps to take on where do I get letter of Administration? which explains how long it takes to obtain letters of administration in Nigeria  as it concerns bank accounts.

The narrative below is for intestate (that is without a will) situation: –

1)      The living spouse/family of the deceased need to make a formal complaint at the Local Government or other office of competence on the demise of the dead spouse.

 

letters of administration in Nigeria

2)      The Local Government will issue them a death certificate.

3)      The death certificate will be taken to Probate Registry.

letters of administration in Nigeria

4)      After due confirmation and processes, a Probate Registry account balance inquiry slip will be issues to the Living Spouse or the family.

5)      With this Probate Registry account inquiry slip, the Living Spouse or the family will visit the bank they know/suspect the deceased person has account.

6)      They will obtain the balances and take them back to the Probate Registry.

 

7)      The registry will collect 10% of each balance per bank and issue then Letters of administration in favor of the Estate of the deceased person.

8)      This Probate Letters of administration will be taken to the bank.

9)      The bank will visit Probate Registry to confirm the authenticity of the Letters.

10)   When the Letters of Administration is confirmed, the Bank will then open account an Estate account in the name of the deceased person.

11)   The beneficiary/beneficiaries quoted on the letters of Administration must all be signatories to the account but the transaction signature combination is their choice.

12)   Fund will be transferred from the deceased customer to the newly Estate account.

13)   This is usually followed by the closure of the deceased customer’s except when the bank was advised by the living spouse/the family of the deceased that they are expecting inflows into the deceased account.

14)   Where the account balance is below N100,000.00 (for some banks) the money will be paid across the counter after full KYC – Know your Customer, put his request in writing indemnify indemnified the bank.

Like we maintained earlier in this blog, the only thing that causes major delay in the processing of Letters of Administration in Nigeria is the 21 days publication.

This 21 days publication is made at the local government. It is a publication which notifies people of your claims to the estate of the deceased person.

After 21 days, this notification becomes invalid. Every other this is strictly official. In a society where things work well, one month is enough for one to secure the letter.

The above is usually where the deceased died intestate.

THE APPROACH TO THE QUESTION HOW LONG DOES IT TAKE TO OBTAIN LETTERS OF ADMINISTRATION IN NIGERIA IN A TESTATE CONDITION (WITH WILL)

When a man dies testate, then there is no need for Letters of Administration.

Please note that when a man otherwise known as the testator executes a will either by himself or with the help of his lawyer in his earthly days, the will will be taken to Probate registry where it will be deposited.

There is usually a deposit fee to be payed. The testator can equally decide to edit the will by adding to it or subtracting to it.

Upon submission of this will, a probate receipt will be issued to the testator. This receipt contains a reference number.

Please note that the will must be sealed according to section 17 of the administration of Justice act of 1982.

This receipt is what the testator will come with to the probate office in case he wants to amend his will.

Should the testator dies, this shall also be used call up the will by the family/his attorney for public hearing.

When the testator dies, the family /attorney will visit the probate. The probate will issue them what is called a Grant of Probate to the deceased person’s will which enforces/calls into action the testator’s will.

They will have to provide Bank Papers, Oath taking/Affidavits by the executors; Consent of witness present when the testator wrote the will, Burial Expenses and any Burial Indebtedness.

It is expected that the testators assets list should be part of it.

Upon submission of these requirements, the Probate Judge will process and approve after assets on the assets list have been verified too.

This is usually the case because the executor’s must pay 10% of everything which include cash, its equivalents and properties

Because of the assets assessment, the answer to the question of how long does it take to obtain letters of administration in Nigeria is 2 to 3 months.

 

How much does it cost to get a letter of administration in Nigeria?

Please the answer to the question how much does it cost to get a letter of administration in Nigeria?  is the Inheritance Tax

When one visits the Probate Registry, they will first assess the Estate under review.

The Estate of the deceased could be any of the following:

  1. Empty Lands
  2. Land with a building in it
  3. Cash in the bank
  4. Shares in Companies  etc

The Probate Registry will demand for the submission of detailed worth of the Estate(s) the person is seeking Letters of Administration on.

The estate will be will be assessed and 10% of its value will be paid to Probate Registry.

This 10% value of the Estate under review is what is called Inheritance Tax.

 

WHAT STEPS TO TAKE WHEN A SPOUSE DIES?

Please find below the answer to the question what steps to take when a spouse dies?

  1. Please take heart and be consoled.
  2. Call your family lawyer if you have any.
  3. If you don have one you can get one but it is not mandatory on the above subject except where there is family issue on the estate under review.
  4. Finally visit Probate Registry. All they need for the issuance of the Letters of Administration will be availed to you by them.
  5. Feel free to contact RTWI should you face unnecessary bureaucratic process.

RECOMMENDED LAW FIRMS BY RTWI

The following law firms, as accessed by us, are very good on the above subject – letters of administration in Nigeria:

  1. Mondaq-Law-firm with this website  //www.mondaq.com
  2. Resolution-law-firm with this website //www.resolutionlawng.com

The major aims of RTWI is the emancipation of women passing through situations mentioned above.

Comments (5)

  1. June 4, 2019

    […] This is achieved through the processing of Letters-of-Administration. […]

    1. Respect The Woman Initiatives
      June 23, 2019

      Letter of Administration is a real deal for Intestate Estate Administration

  2. Avatar
    omosebi oluwatosin
    October 15, 2019

    thanks so much for this useful informations…..hope to start the process with immediate effect

  3. Avatar
    asiwebest@yahoo.co.uk
    October 28, 2019

    Very good

    1. Respect The Woman Initiatives
      January 9, 2020

      Hi Rachel, we appreciate your visit. Please visit more

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