Letters Of Administration In Lagos State From Abroad/Outside Nigeria

By Eucharia Bennybonny

Nigerians in diaspora can still apply for Letters of Administration especially in Lagos State where part of the process of obtaining Letters of Administration is done online.

Letters of Administration is a formal document that authorizes the living to own and use or sell whatever asset or property left behind by a person who died without having a Will. Letters of Administration is not a mere Letter written or issued by your lawyer, as some people presuppose. But it is a legal document issued by the Probate section of a State Judiciary appointing and authorizing interested relatives of the deceased to administer the estate of the deceased.

The estate of the deceased may range from monies in the bank, Pension in the deceased Retirement Savings Account, Shares and bonds, Insurance death benefits, Company Death benefits, Landed Properties, Investment Capitals, Intellectual Properties, etc.

In Lagos State, Letters of Administration can be issued to not less than two persons, and to not more than four persons who are to be named as the administrators of the Estate of the deceased person. That is to say that one person cannot apply for Letters of Administration.

Lagos State has jurisdiction to issue Letters of Administration in only three circumstances.

1. Where the deceased lived or had his place of residence in Lagos State
2. Where the deceased died in Lagos State, or
3. Where the deceased has an asset in Lagos State.

In relation to this Article, it will be pertinent to say that people who live abroad can only apply for Letters of Administration where they have another relative residing in Nigeria and who will be willing and available to co-administer the estate with the person in diaspora. Whatever the case, Nigerians living abroad have the power to apply for Letters of Administration if they are able to:

1. Get Legal representation
2. Get on family member residing in Nigeria to co-apply with them.

The said family member in Nigeria will help in getting the Death Certificate from National Population Commission (if the deceased died Nigeria) and other checklist of things required for the application for grant of Letters of Administration. But if the deceased died abroad, you may send the death certificate to your Lawyer for further necessary action and effective representation.

However, where there is no family relation living in Nigeria or the one living in Nigeria cannot be trusted, then a Power of Attorney sworn before a Notary Public of the Country where you reside needs to be executed appointing someone to administer the estate.

When matters involve money and assets, it is necessary you appoint a person of credible repute. The attorney may be anybody who can be trusted.

In my next Article, I will be discussing how to buy the Property of a Dead person without “wahala”.

Thanks.

EUCHARIA BENNYBONNY is a Lagos-Based Lawyer, with over 10 years’ experience and proficiency in Property and Probate matters, Trade Mark cases, Estate Planning, Group Legal Protection and other Legal Services. 08066053162, ukbenny3@gmail.com