Letters Of Administration: 10 Things You Must Know Before Applying In Lagos State

By Bennybonny Eucharia

1. YOU CAN APPLY ONLY IN TWO JUDICIAL DIVISIONS OF LAGOS STATE HIGH COURT

Out of the five Judicial divisions of the Lagos State High Court (Ikeja, Lagos, Ikorodu, Epe, and Badagry Divisions), you can only apply for Letters of Administration or grant of Probate in Ikeja and Lagos Processing Divisions. The Ikeja Probate is situated within the Lagos State High Court Premises in Ikeja while the Lagos Probate is situated inside the premises of the Lagos State High Court at Igbosere. You need to choose which of them is closer to you. Other Divisions will soon be operating too.

2. MAINTAIN THE BVN NAME OF THE DECEASED AND THE ADMINISTRATORS

In applying for Letters of Administration, the name of the Deceased on the Death Certificate and the name of the Administrators on their ID cards should be exactly the same with their names in their BVN (Bank Verification Number) records. If there are however any name crises, get an affidavit to cure the defects. Where there are three or more different names borne by one person, it is advisable to get the help of a skilled Probate lawyer.

3. GET NPC DEATH CERTIFICATE

The Medical Certificate of Cause of Death issued at the Hospital is good but to reduce the waiting period within which the Pension Fund Administrators, Banks or other Institutions will have to confirm the Death Certificate from the Hospital or period within which you can access the Death Benefits and the Estate of the deceased, it is better to get the Death Certificate from the National Population Commission (NPC). You can get the NPC Death Certificate from any local government within the State where the deceased died.

In most Local Governments, they charge an unofficial sum between #3,000 and #5,000 otherwise you will keep coming back for what could be issued to you immediately for free.

4. GET CONTINGENT FEE SERVICES TO SAVE COST AND STRESS

Most beneficiaries think that since Letters of Administration can be processed online in Lagos State, they can do away with services of an expert. But when they get stuck on the long run, they begin to seek the services of the Probate lawyer at a higher cost.

If you think you cannot afford the services of a lawyer immediately because of financial constraint, negotiate for a contingent fee payment plan. In other words, your lawyer handles the processing from start to finish and becomes responsible for all Estate fees payable to the government. He or she only gets paid when he or she has successfully obtained the Letters of Administration for you. This system puts off a lot of stress and spending from you. It also gets your lawyer to work at a very fast pace because he wants to earn his fees as soon as possible.

Most contingent fees range from 20% to 40% of the deceased’s assets, depending on the peculiarity of each estate and your ability to negotiate.

5. DON’T PAY FOR APPLICATION ONLINE. PAY WITH POS AT THE REGISTRY

The application fee is #2000. Make sure you make payment at the Probate Registry with the Registry’s POS Machine. In other words, go to the Probate with your ATM Card. If you pay online, it will be difficult for the Probate to confirm payment. They will refer you back to your bank for the Payment Reference ID. In fact, you will not like the going back and forth especially in this COVID-19 era where social distancing, restricted work hours, restricted movements, long queues and delayed customer service is the order of the day both at the Banks and at the Probate.

6. DON’T APPLY IF THE DECEASED HAD A WILL

Check first whether the deceased had a Will deposited at the Probate Registry or with his lawyer. It’s very important especially if he worked in Companies where the Union writes Group Wills for its members. Companies like Nigerian Breweries, Seven-Up, NigerBiscuit, Wamco, Unilever, PZ, etc are already enjoying the Group Will services. It will be a total waste of time and resources for you to apply for Letters of Administration if it happens that the deceased left a Will and the Executors are willing and available to execute the Will of the deceased.

7. DON’T APPLY IF YOU’VE PREVIOUSLY APPLIED

If you have an abandoned or a previous application at the Probate, you cannot make a fresh application. The nemesis of Double Application will catch up with you on the long run. You will definitely not like the experience. If you or any member of the deceased’s family have previously applied for Letters of Administration at the Probate, disclose this vital information to your lawyer and get legal advice.

8. ONE PERSON ALONE CANNOT APPLY

You need at least two administrators to process Letters of Administration at the Lagos State Probate. One person alone cannot apply to be a sole administrator of the deceased’s estate except where a Trust Corporation or the Administrator-general is appointed by the Court as Sole-administrator. There is need for a second administrator who may not necessarily need to be a family member of the deceased.

9. Your Application Letter must be in Pdf Format.
10. Ensure you instruct your lawyer to buy a newspaper for you after the publication stage of the internal processing. Remember that the Publication fee has been increased from #5,800 to #7,000 You’ll thank me later when the Pension Fund Administrators will demand for it.

BENNYBONNY EUCHARIA (SCN084650) is a Lagos-Based Lawyer
with over 8 years’ experience and proficiency in Probate matters, Property Management,
Estate Planning, Group Legal Protection and other Legal Services.
08066053162, ukbenny3@gmail.com