Nigeria inheritance & probate legal guide

A practical Nigeria-specific guide: wills vs intestacy, Grants (Probate / Letters of Administration), who can apply vs who inherits (statutory/customary/Islamic realities), documents, banks, land/property, pensions/employer benefits, vehicles, business interests, debts, overseas assets, disputes and scam prevention.

Start here: 90 seconds to avoid the most expensive mistakes (Nigeria)

In Nigeria, many painful estate problems start the same way: money is moved informally, land is ‘shared’ verbally, and then the Probate Registry or a bank asks for legal authority — and everything freezes.

The goal is not to be “fast at any cost”. It’s to stay in control, keep assets safe, and get the right legal authority so institutions (banks, land registries, PFAs, employers) can act.

🇳🇬 Nigeria at a glance

Grants are handled through State High Court Probate Registries (state-by-state).
Who inherits can depend on statutory, customary, or Islamic rules (plus the family’s facts).
Pensions/employer benefits are a separate track — start early.

If today you can only do 3 things

Secure identity + relationship proof: death certificate, ID details (NIN/Passport/Driver’s licence where available), marriage certificate (if any), and children’s birth certificates.
Make an asset map (one page): land/property, bank accounts, salary/employer benefits, pension/PFA, vehicles, business interests, digital assets/crypto — and who holds documents/keys.
Stop the ‘pressure signatures’: don’t sign broad indemnities, ‘family agreements’, renunciations, or power documents you don’t fully understand just to unlock money.

Real-world hurdle families don’t expect: sureties / bonds

For Letters of Administration, many state registries commonly require sureties/guarantors (and sometimes a bond-type arrangement). This can become the slowest part if you only discover it late — plan for it early.

For immediate steps and funeral planning, use What to do after a death (Nigeria) and Planning a funeral (Nigeria).

The 5-step picture

(1) Identify the track (will? no will? Islamic/customary? disputes? overseas assets?) → (2) Confirm who can act (executor / administrator) → (3) Get the Grant → (4) Collect & secure assets / pay debts → (5) Distribute + keep records.

Bottom line: In Nigeria, “the key” is the Grant recognised by institutions, plus a clean paper trail and the correct succession framework for your family’s situation.

Which situation are you in? (fast decision flow)

Pick the right branch early = months saved later.

30-second flow (tap where you are)

Valid will + executor willing to act? → Will track
No will / unsure / will disputed? → Intestacy track
Islamic (Sharia) succession likely applies? → Customary & Islamic rules
Land/property involved? → Property
Pension / PFA / employer benefits? → Pensions & death benefits
Business interests / directors / signatories? → Business
Family conflict / missing beneficiary / refusal to cooperate? → Disputes
Assets abroad or foreign documents? → Overseas assets

Bottom line: Don’t start at the bank. Start by identifying whether you need Probate or Letters of Administration and what legal rules apply (statutory/customary/Islamic).

The Nigeria estate roadmap (the whole picture, in order)

A simple sequence that matches how institutions actually work.

Confirm the legal track: will vs no will; customary/Islamic context; disputes; overseas assets.
Identify who can act: executor (with will) or proposed administrator(s) (no will).
Apply for the Grant at the relevant Probate Registry (state High Court).
Collect, secure and value assets (and list liabilities).
Pay debts and estate expenses (with receipts + a ledger).
Distribute to beneficiaries and keep records (avoid “cash distribution with no trail”).

Golden rule

Authority first (Grant) → then collection → then distribution. Distributing early is how disputes and personal liability begin.

Bottom line: Most delays come from missing relationship documents, unclear marriage status, and starting transfers before the Grant is in place.

Documents in priority order (the 1–2–3 set)

Get these right and almost everything becomes smoother.

Keep one physical file and a clean scan folder. Name scans consistently (e.g., “Deceased_ID.pdf”, “DeathCert.pdf”, “MarriageCert.pdf”).

Priority 1

Unlocks the process

Death certificate (or accepted proof of death)
Deceased’s ID details (NIN/Passport/Driver’s licence if available)
Marriage certificate (statutory/customary evidence as applicable)
Children’s birth certificates (relationship proof)
Will (original, if possible) + where it’s kept

Priority 2

Asset proof

Land/property documents (C of O / deed / allocation / receipts, as applicable)
Bank statements / account details / ATM cards (do not use PINs)
Pension / PFA info + employer benefit letters
Vehicle papers (if any)
Business documents (CAC/Corporate records, share certificates)

Priority 3

Prevents surprises

Debts: loans, guarantees, cooperative obligations, instalment plans
Household payments: rent, school fees, subscriptions, bills
Keys/devices + email/phone + 2FA methods
Overseas assets / foreign documents (if any)

Tip: get requirements in writing

For banks, PFAs, and land offices, ask for the required documents list in writing (email/letter). Requirements vary by institution and state.

Bottom line: Strong relationship proof + clean asset evidence = fewer “come back next month” loops.

Common document mistakes that cost 4–12 weeks

These are real-world failure points in Nigerian estate work.

Checklist of delays

Conflicting names across documents (spelling/order/initials) without a clear explanation.
Unclear marriage status (statutory vs customary) and missing proof for the relevant track.
Trying to ‘share money’ before the Grant; later the bank/PFA demands authority and the trail is messy.
Submitting photocopies where originals/certified true copies are required.
Family agreements signed under pressure (later challenged as unfair/invalid/coerced).
Not mapping pensions/employer benefits early (they often have their own process and timeline).
Using the deceased’s phone/USSD/OTP/PIN to move funds “just to keep things going” (fraud risk + legal exposure).

Bottom line: The fastest estates are the ones with clean identity/relationship proof and a disciplined “Grant first” approach.

Key terms (plain English, Nigeria-style)

If you understand these, you can’t be pushed into the wrong paperwork.

The 6 terms that run everything

Estate: assets owned by the deceased that must be administered and distributed (subject to the applicable law).
Executor: person named in a will to administer the estate (probate track).
Administrator: person appointed via Letters of Administration when there is no will (or the will is not workable).
Grant of Probate: the authority for an executor to act under a will.
Letters of Administration: the authority for administrator(s) to act where there is no will.
Applicable succession law: statutory / customary / Islamic rules that can change who inherits and how.

Bottom line: Most institutions move when you can show: ID + relationship proof + the relevant Grant.

Who can apply for the Grant in Nigeria?

This is about who can lead the legal process — not who gets the inheritance.

Important distinction

“Who can apply” and “who inherits” are different questions. The person who applies for the Grant (executor/administrator) may not be the only person who inherits.

Practical rule

With a will, the executor named in the will usually applies for Probate. Without a will, a suitable close relative (often spouse/children) typically applies for Letters of Administration. The process is state-based and can involve notice/publication and (commonly) sureties/guarantors.

Sureties / guarantors (plan for this early)

Many families underestimate how long it takes to organise acceptable sureties/guarantors. If your track is Letters of Administration, treat “sureties ready + documents clean” as a core milestone.

When to get help early

Multiple spouses/complex family structure.
Customary vs statutory marriage disputes.
A key person refuses to cooperate (or is abroad/unreachable).
Large estate, land disputes, business interests, or serious debts.

Bottom line: Choose 1–2 accountable people to lead the administration, then build consensus around a documented process and a transparent ledger.

Who inherits in Nigeria if there is no will?

Nigeria does not have one simple nationwide intestacy outcome. It can depend on state law, marriage type, and whether customary or Islamic law applies.

The honest map

Some cases follow statutory rules (often spouse and children are central).
Some cases are shaped by customary law (varies by community and facts).
Some cases are governed by Islamic law (faraid) in relevant contexts.
Property type and acquisition history can matter (family land vs self-acquired vs communal).

Why this matters

Families often attempt a “fair split” informally — and later discover the applicable framework or court process requires a different structure. That’s where conflict begins.

Bottom line: Before final distribution, confirm the applicable succession framework for your case (statutory/customary/Islamic) and document it.

Customary law and Islamic law (Sharia): the two ‘special tracks’

If these apply, slow down and document everything before signing distribution decisions.

Customary law (high variation)

Customary inheritance practices vary across Nigeria and can be heavily fact-dependent. Treat this as a special-track case: document family structure clearly, identify disputed assets early, and avoid irreversible transfers until the framework is clarified.

Islamic law (Sharia / faraid)

In relevant contexts, Islamic inheritance can apply fixed-share principles. Avoid “family agreements” that contradict the required structure. Treat it as a special-track case and get clear guidance early.

Bottom line: If customary or Islamic rules are in play, calm process and written documentation matter more than speed.

If there is a will: how to make the will ‘work’ in practice

A will is a plan — but you still need probate authority to act.

If there’s a valid will, the named executor typically applies for a Grant of Probate at the relevant Probate Registry.

3 minimum steps

Locate the original will and confirm who the executor(s) are.
Build the asset + debt inventory (banks, land, pensions, business, vehicles).
Apply for Probate before attempting to distribute estate assets.

Real-world problem: executor unwilling / overseas / uncontactable

If the executor cannot or will not act, the estate can stall. This may require formal steps (including renunciation/replacement pathways) depending on the state registry’s process and the facts. Treat this as an early “get structured help” scenario.

Bottom line: Even with a will, institutions will usually require probate authority plus clean identity/relationship documents.

If there is no will: the practical path (Letters of Administration)

No will doesn’t mean chaos — but it does mean paperwork and a court-backed appointment.

Where there is no valid will, eligible family members typically apply for Letters of Administration.

What families should expect

State Probate Registry process (forms, supporting documents, and fees).
Publication/notice steps are common in many registries.
Sureties/guarantors (and sometimes a bond-style requirement) are common.
Timelines can be months, longer if documents are missing or disputes arise.

Bottom line: For no-will estates, Letters of Administration is the usual “unlock” for banks, land processes, and many transfers.

Grant of Probate vs Letters of Administration (choose the right Grant)

This is the fork in the road. Pick correctly and everything is smoother.

Grant of Probate (will exists)

Track A

Used when the deceased left a valid will and appointed executor(s).

Executor applies for Probate at the Probate Registry.
Executor collects assets, pays debts/expenses, then distributes under the will.
Best results come from clean ID/relationship proof and a disciplined paper trail.

Letters of Administration (no will)

Track B

Used when there is no will (or the will is not workable). Administrator(s) act under the process.

Eligible relatives apply for Letters of Administration (often with sureties/guarantors).
Distribution depends on the applicable succession framework (statutory/customary/Islamic).
Often more complex where family structures are large or contested.

Bottom line: Wrong Grant = wrong authority = institutions stall. Start with “will or no will”, then confirm the applicable inheritance framework.

How the Grant process feels in real life (what happens first, next, last)

A calm, realistic picture so families aren’t shocked mid-way.

Typical sequence (state registry style)

Prepare documents → file application → publication/notice → queries/clarifications → fees assessed/paid → Grant issued → collect assets → pay debts → distribute.

State variation warning

Requirements and timelines vary by state and by registry practice. Treat your first step as: “Which Probate Registry is correct for this case, and what is their current checklist?”

Bottom line: Most families feel stuck until the Grant arrives — that’s normal. Use the waiting period to clean identity documents, gather land/property proof, and build a full assets/liabilities inventory.

Banks: why accounts freeze (and how to get moving safely)

Banks protect the estate and themselves. Your job is to show authority and keep clean records.

A script that works

“What documents do you require to confirm balances and to release funds?”
“Do you require Probate / Letters of Administration for this account?”
“How do you treat salary accounts, fixed deposits, and joint accounts after death?”
“If there are multiple beneficiaries, what is your distribution process?”

Nigeria-specific risk: USSD/OTP use on the deceased’s phone

Avoid using the deceased’s phone to transfer money via USSD, mobile banking, or OTP flows — even “just to pay urgent bills”. This is a common fraud pathway, it can trigger disputes later, and it can create personal legal exposure.

Bottom line: Banks move when you have the Grant + IDs + a clear instruction path — not when the family agrees verbally.

Land & property: how to transfer safely (Nigeria reality)

Property is where disputes and delays explode: documents are missing, titles are imperfect, and multiple people claim control.

Before you do anything with property

Identify the property type: family land vs self-acquired vs jointly held vs leased/allocated.
Collect every proof you can find: receipts, deeds, C of O, surveys, allocation letters, tax/levy records, utility bills, court papers.
Do not accept deposits or sign sale documents until authority and ownership path is clear.

Practical truth

Title perfection can be complex. Many estates first need to clarify what exists (and who holds the papers) before any clean transfer is possible. Treat missing property documents as a serious risk flag.

Bottom line: Property transfer is usually slower than “bank money”. Prioritise securing documents and preventing unauthorised sales.

Vehicles: control first, then transfer properly

Vehicles are easy to ‘move quietly’. Control keys and papers early.

Practical checklist

Record vehicle details and keep ownership papers safe.
If there are multiple beneficiaries, decide (in writing) who the vehicle goes to before transfer steps start.
Avoid ‘sell first, settle later’ if estate authority is not clear — it can trigger disputes.

Bottom line: Control and documentation first; transfer second. Treat vehicles like cash-with-wheels during sensitive periods.

Pensions & death benefits (PFA / employer): the ‘separate track’ many families miss

Pension and employer benefits often have their own paperwork and timeline. Don’t wait months to start this.

What to do (practical)

Identify the PFA and gather RSA/PIN details if available.
Ask the employer for a written ‘death benefits’ checklist (gratuity, unpaid salary, group life, pension documents).
Treat benefits as their own workstream: start early, track requests, keep copies of every submission.

Common mistake

Families focus only on bank accounts and land, then discover months later that pension/employer benefits require separate forms and different evidence.

Bottom line: Start pensions/employer benefits early — they can be the fastest meaningful support for the household when handled cleanly.

Business interests: separate ‘operations today’ from ‘legal ownership’

If the deceased ran a business, your first job is stability — your second job is correct legal authority.

When you should get help early

Employees, ongoing contracts, or cashflow depends on someone signing urgently.
Company shares or partnership interests need transfers/updates.
There are guarantees, corporate debts, or commingled personal/business accounts.
Directors/signatories are missing and operations are frozen.

Bottom line: Keep the business running with records and discipline, but avoid informal ownership changes that can become litigation later.

Debts: don’t distribute first and ‘discover debt’ later

The clean approach: list liabilities early, demand evidence, and pay correctly from estate funds.

The common mistake

Distributing assets before a debt review can force beneficiaries to “put money back” later — which often fails and creates family conflict.

Safe debt handling

List all known debts (loans, cooperative obligations, credit, guarantees).
For personal ‘IOU’ claims: request evidence (messages, transfers, written agreements).
Keep a simple ledger: every payment, date, purpose, receipt.

Bottom line: If debts might be significant, pause distribution until you have a credible liabilities picture.

Overseas assets & cross-border estates: plan the jurisdiction map early

If the deceased has assets in more than one country, chasing institutions one-by-one is how estates waste years.

Practical strategy

List assets by country and institution (bank, property, brokerage, crypto exchange, employer).
Ask each institution what authority they require (Nigerian Grant, foreign Grant, resealing, or local court process).
Build time for certified copies, legalisation/authentication, and translations if required.

Bottom line: Multi-country estates succeed when you plan the jurisdiction map first — not when you improvise under pressure.

Deadlines that matter (Nigeria-style)

Nigeria’s biggest risk isn’t one universal deadline — it’s evidence loss, disputes, and delay compounding costs.

1) The evidence deadline

In disputes, waiting destroys evidence: documents disappear, people relocate, phones get recycled. Preserve records early (scans, receipts, messages, witness notes).

2) The ‘institution clock’

Banks, PFAs, and registries can change internal requirements. The longer you wait, the more likely you must re-submit. Start requests early and keep written checklists.

3) The ‘property protection’ clock

Unoccupied property attracts “informal takeovers” and quiet sales attempts. Secure keys, document occupancy, and keep a written log of access.

Bottom line: Your operational deadline is: “How soon can we identify the correct registry and submit a clean application for the Grant?”

Costs & taxes (Nigeria): what families worry about most

People fear ‘inheritance tax’. Nigeria’s reality is usually fees + transfer costs + professional costs — and they vary by state and asset type.

Inheritance tax / estate tax

Nigeria is commonly described as having no single nationwide inheritance/estate tax in the way some countries do. Estates still face probate/registry fees, documentation costs, and asset transfer costs.

What costs usually exist

Probate/registry fees (varies by state and estate profile).
Publication/notice costs where required.
Legal fees if engaged (complexity drives cost).
Property-related costs (searches, perfection/regularisation, surveys, consents, documentation).
Practical costs: inventory, locksmith, storage, security, travel.

Bottom line: The cost driver is complexity (disputes, land/title problems, business assets) — not just “the value of the estate”.

If there’s a dispute: protect yourself without ‘blowing up’ the family

The goal is to prevent asset loss, stop bad signatures, and keep the process legitimate.

A 4-step dispute playbook

Pause irreversible moves: no sales, no distribution, no broad releases.
Inventory with evidence: assets, liabilities, who holds keys/documents.
Communicate in writing: meeting notes, confirmations, receipts.
Use the proper legal track (and get structured help early where needed).

Bottom line: In estate disputes, documentation beats memory — and calm process beats pressure.

Scams that hit families during grief (and how to block them)

Fraud thrives on urgency and confusion. A few rules shut most of it down.

Common scenarios

“Sign this to unlock the bank” (but it’s actually a renunciation/indemnity you don’t understand).
“Just give me OTP/PIN to check the balance” (account takeover pattern).
Cash handling without receipts (money disappears; blame follows).
Pressure to sell property quickly before authority/ownership is clear.
“Agent” offers to fast-track probate for a large upfront payment, then disappears.

Simple rules that work

No OTP/PIN/password sharing — ever.
No signature without clear explanation + you keep a copy immediately.
Receipts for every transaction (even within family).
Use written communication for key decisions and keep a document trail.
If pressured, pause 24 hours and get a second set of eyes.

Bottom line: Scammers rely on speed. You win by slowing down, verifying authority, and keeping receipts.

FAQ (Nigeria)

Short answers to the questions families ask most during probate and administration.

We all agree as a family. Do we still need Probate / Letters of Administration?

Often, yes — especially for banks, pensions, and formal property transfers. Family agreement helps, but it usually doesn’t replace recognised legal authority. Start by asking each institution what they require.

How long does probate/administration take in Nigeria?

Many estates take months, and longer if documents are missing, the registry is backlogged, or there is conflict. A clean file with clear relationships and a cooperative family usually moves faster than a disputed case.

Does Nigeria have inheritance tax?

Nigeria is commonly described as not having a single nationwide inheritance/estate tax. But estates still face probate/registry fees, transfer costs, and professional costs depending on the case.

What if customary or Islamic law applies?

Treat it as a special-track case. The applicable framework can affect who inherits and how. Avoid locking in a “family agreement” split until the correct framework is clarified.

What if the executor/administrator is unwilling or cannot act?

Don’t let the estate drift. A stalled representative is a common reason estates “freeze”. There may be formal renunciation/replacement pathways depending on facts and state practice. Treat this as an early “get structured help” scenario.

What about crypto, email accounts, phones and digital assets?

Treat digital assets like high-risk property. Secure devices, preserve access methods, and avoid sharing OTPs/passwords broadly. In Nigeria, also avoid using the deceased’s phone to run USSD/mobile transfers “for convenience”. If crypto is involved, secure seed phrases/hardware wallets and document what exists before anyone “tries things”.