When a person dies without a will, also known as intestate, family members are often left wondering how they can gain access to the deceased’s assets. The only way to access the assets is by applying for letters of administration. Letters of administration are a legal document that authorizes one or more administrators to administer the deceased’s estate in accordance with the law.
There is an order of priority for determining who can be an administrator.
First, the spouse of the deceased.
Then their children.
Their parents.
Then their siblings.
At least two administrators will need to apply to the probate registry with an application letter that includes the following:
Death certificate.
Passport photographs of the deceased.
Means of identification of the administrators.
The passport photographs.of the administrators.
Upon application, forms will be provided, which must be taken to the banks where the deceased held accounts, as well as the pension offices. Publication will be made in the newspapers to allow for objections to the application. If no objection is raised within 21 days of publication, the administrators will need to bring two sureties, at least one of whom must have a well-documented landed property with a C of O or survey plan, for an interview at the probate registry.
A fee will be charged based on the State, and the entire process can take between 3 to 6 months. Once all the requirements have been met, letters of administration will be granted, and the administrators will have the legal authority to manage or sell the landed properties and access the deceased’s money in the bank, gratuity, or pension.
Administrators can either apply personally or through their lawyer.
To apply for letters of administration, the link below can be followed to sign up on the portal so dedicated. (This link applies to residents of Lagos, Nigeria)