If any person has passed away leaving behind his or her property or valuable personal assets, and you want to administer the dead person’s belongings, then an experienced Administration of Estates & Probate lawyer in Nigeria can help you. Let’s follow this guide to learn the process of administration.
Things that you should Notice
Before you plan to have control over the property of the dead person, you in the first place should necessarily acquire the letter of administration. The person that desires to administer the property should get this letter from the Probate court. With this certificate, they are recognized as the administrator of the dead person’s property. Without being identified as the administrator, intruding with the estate of the expired person is not legal because they can undergo civil and criminal incrimination.
When can you get the Letter of Administration?
According to the Administration of Estates & Probate lawyer in Nigeria, such letters are usually given after 14 days, where the person has expired intestate, which means that he or she has died without making a legal will. In some, there can be a situation of partial intestacy when the administration letter is released after 7 days. Partial intestacy can take place when there is a deficiency of the residuary clause in a legal will… On the other hand, maybe when the deceased person does not have heirs to perform the instructionsas mentioned in the will…
Not having any heirs means that either they are dead, or they are underage or they might be residing in foreign nations, or may be just that they are revoked to act in accordance to the will.
Who can get the Letter of Administration over the property?
In the case of testate scenario, the letter can be given to the following persons-
- The heir or executor
- If there is any legatee that acquires in trust for any other individual
In the case of intestate succession, the letter can be granted to the following-
- The alive spouse
- Children or even grandchildren
- Parents of the dead person
- Siblings of the dead person
- Half brother or half-sisters
- Uncles and even aunts
- Administrator-general
How can an individual acquire the Letter of Administration when the legal will is not attached?
In some nations, the law mentions that a minimum of two people and a maximum of four persons can have authority over the property of the expired person. Therefore, if anyone has one or three family members then they can easily get the letter of administration without any complications. They only need to consult with the Solicitor. These officials will prepare an application that specifies all the details and then this application needs to be sent to the Probate Registrar on their behalf.
How can you get the Administration letter with the will attached?
For this, seek assistance from the Administration of Estates & Probate lawyer in Nigeria, they will make an application on the family’s behalf towards the Probate Registrar. The application should constitute the cause for the absence of the heir that was appointed by the expired person in his will. Proper evidence and proofs along with authentic documents should be given by the Solicitor to make the statement clear to the Probate Registrar. After this Probate registrar will detect the Will to make sure that, it was accurately executed and attested.
Required Documents to get your hand on the Letter of Administration
- Death Certificate of the expired individual that is acquired from National population commission
- Marriage documents of the expired and their spouse
- Certified genuine copy of the expired person record of service
- Pension ID card or retirement certificate
- Passport size photos
After this, you require to submit some other credentials like the full name of the dead person, date of birth, occupation, or means of employment. You also need to provide a legal relationship between you and the expired person.
Therefore, after all these tasks, if the Court finds that the evidence is genuine, you can get the Letter of Administration and have the authority over the deceased’s property. To learn more, please get in touch with an Administration of Estates & Probate lawyer in Nigeria.
