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GREENAGE ATTORNEYS LP
Office in Lagos, serves Surulere, Nigeria
Consultation NGN 50,000 for 1 hour

Founded in 2022
20 people in their team
English
Yoruba
Hausa
Private Client Probate Asset Protection +9 more
Greenage Attorneys LP is a mobile and full-service law firm headquartered in Lagos, Nigeria, with  presence across major States and cities in the country. Core Practice Overview: Focus: Serving startups, multinational corporations, tech innovators, investors, and high-net-worth individuals. Key...
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Nigeria Probate Legal Questions answered by Lawyers

Browse our 1 legal question about Probate in Nigeria and read the lawyer answers, or ask your own questions for free.

Inherited land
Estate Planning Probate Elder Law Will & Testament
My elder brother sold our late father's land without telling me. We are the only two surviving sons.We live in our father's compound. He is married with two kids. I'm not married. Should I arrest him or the buyer? how do I get justice
Lawyer answer by CO-dunni Law Solicitors

if you can get hold of the Will stating that the document belongs to both of you guys as joint heirs, then you can choose to sue your brother for your own share or sue the new buyer for your...

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1 answer •

Do you need a probate grant for an estate in Surulere?

If someone who owned assets in Surulere has died, a bank, land registry or other institution may require a formal grant before dealing with those assets. The relevant application is generally made through the Probate Registry of the High Court of Lagos State, which serves the state rather than a separate Surulere probate court.

Where there is a valid will and an executor able to act, the executor may apply for a grant of probate. If there is no will, or no executor can act, an eligible person may apply for letters of administration. The right application depends on the will, the assets and the people entitled to apply.

Surulere estates can involve a family home, rented property, business interests or bank accounts, sometimes alongside assets elsewhere in Lagos State or Nigeria. A lawyer can help establish which assets form part of the estate and what documents the registry and asset holders require.

When a probate lawyer can help

  • A bank will not release funds. A Surulere family may be asked for a grant before accessing an account held in the deceased's name, even where relatives have the account details and death certificate.

  • Relatives disagree about the will or who should apply. A lawyer can advise on the proposed executor's duties, the appropriate application and how to respond if a beneficiary challenges the will.

  • A Surulere property needs to be transferred or managed. The title may be in the deceased's sole name, or the property may be occupied or rented while the family seeks authority to administer the estate.

  • There is no will or no available executor. A lawyer can identify who may apply for letters of administration and help obtain required consents and supporting records.

  • The estate includes business or jointly held assets. The family may need to determine whether an asset belongs to the estate, passes under a joint arrangement or requires a separate legal process.

  • There are family or customary-law questions. Where the deceased's marriage, family relationships or applicable succession rules are disputed, legal advice can help clarify who may benefit and what evidence is needed.

Lagos laws and rules relevant to probate

Administration of Estates Law, Cap A3, Laws of Lagos State 2015. This Lagos State law provides for administration of estates, including matters relevant to estate representatives and distribution. The applicable provisions depend on the circumstances and any later amendments.

Wills Law, Cap W2, Laws of Lagos State 2015. This law concerns wills in Lagos State, including their making and validity. A dispute about whether a document is a valid will may affect whether the application is for probate or letters of administration.

High Court of Lagos State (Civil Procedure) Rules 2019. These rules govern procedure in the High Court of Lagos State, including court processes relevant to probate matters. A lawyer should confirm the current registry requirements and any amendments before filing.

Frequently asked questions

What is probate in Lagos State?

Probate is the grant confirming an executor's authority to administer an estate under a will. Where there is no effective executor, the relevant grant is usually letters of administration rather than probate.

Do all Surulere estates need a grant?

Not necessarily. Whether a grant is required depends on the assets, how they were held and what the bank, land authority or other institution requires. Ask each asset holder what evidence it will accept before assuming a grant is unnecessary.

Where is a probate application filed for a Surulere estate?

Applications are handled through the Probate Registry of the High Court of Lagos State, not a separate Surulere probate court. Confirm the current filing location and procedure with the Lagos State Judiciary before attending or submitting documents.

Who can apply for probate?

An executor named in a valid will may apply for probate, subject to the applicable procedure. If no executor can act, or there is no will, a person eligible under the relevant rules may apply for letters of administration; being next of kin alone does not guarantee a grant.

What documents are commonly needed?

Applications commonly require the death certificate or other accepted evidence of death, the original will if one exists, and information about the estate and proposed applicant. The registry may also require identity, family, valuation or consent documents, depending on the application.

How much does probate cost in Lagos?

There is no reliable single figure for every estate. The total can include registry charges, document expenses and the lawyer's fee, and may depend on the estate's value and the work required. Request a written fee breakdown and confirm current official charges with the registry.

How long does it take to obtain a grant?

Timing varies with the completeness of the documents, registry processing and any questions or objections. An uncontested application may still take several weeks or months; a contested application can take substantially longer.

Can an estate be administered without a will?

Yes. An eligible person can apply for letters of administration, and the estate is dealt with under the applicable succession rules. The distribution may depend on the deceased's family circumstances and other relevant facts.

Can relatives sell a Surulere house before obtaining a grant?

Relatives should not assume they can transfer or sell a property solely because they are beneficiaries or next of kin. The title, ownership arrangements and any required grant should be checked before signing a sale or transfer document.

What if the will or the proposed executor is disputed?

A dispute can delay the grant and may require formal steps before the High Court. Preserve the original will and related records, and obtain advice promptly rather than distributing estate assets while entitlement is unclear.

Is probate the same as letters of administration?

No. Probate is generally granted to an executor under a will. Letters of administration generally authorise an administrator to manage an estate when there is no effective executor or no will.

Official resources

  • Probate Registry, High Court of Lagos State. Handles probate and letters of administration applications and can provide current filing requirements and official charges.

  • Lagos State Judiciary. Provides information about the state courts and their procedures. Use its official channels to confirm the current location and contact details for the Probate Registry.

  • Nigerian Bar Association, Lagos Branch. The professional association's Lagos Branch can be a starting point for locating a practising lawyer. Confirm the lawyer's current practising status before hiring.

Next steps for finding and hiring a probate lawyer

  1. Identify the immediate issue. Within a day or two, list the known assets, their locations, any deadlines from banks or other institutions, and whether there is an original will.

  2. Gather the key records. Collect the death certificate, will, identity documents, property papers, bank correspondence and family records. Keep originals secure and make copies for an initial review.

  3. Shortlist local practitioners. Over the next few days, seek referrals through trusted contacts or the Nigerian Bar Association, Lagos Branch. Check that each candidate handles estate administration and probate applications in Lagos State.

  4. Ask focused questions before engaging. Discuss the likely type of grant, the documents still needed, possible disputes, expected stages and who will handle registry communication.

  5. Compare written fee proposals. Ask each lawyer to separate professional fees from registry charges and other expenses, and to explain what work is included and what may cost extra.

  6. Agree the scope and begin preparation. Before filing, sign a written engagement confirming the fee, responsibilities and communication arrangements. Ask the lawyer to confirm current registry requirements and provide a realistic update schedule.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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