The probate is granted when a person dies leaving a Will behind. The probate is granted to the named Executors in the Will of the deceased. The court officials confirm the validity of the Will. Once such is established, the probate will be given to the executors named in the Will. This probate serves as a legal authority to the executors to carryout the wishes of the deceased as stated in the Will. To manage and distribute the Estate of the deceased.
The letter of administration is granted when the deceased died intestate. When a person dies without a valid Will, they are said to have died intestate. The close relative of the deceased can apply for letter of administration usually the spouse or the child of the deceased or siblings of the deceased. Once the letter of administration is granted to anyone, that person becomes the administrator of the deceased estate.
Read: HOW TO OBTAIN LETTERS OF ADMINISTRATION IN RIVERS STATE NIGERIA
Requirements for grant of probate
- Original Will
- Death certificate
- Executor’s application
- Affidavit of attesting witnesses
- Inventory of assets which is the collation and assessment of the properties of the deceased
- Oath of the Executor
- Passport photographs
- Valid ID card of the executor(s)
- Payment of estate duty (where applicable)
Requirements for the grant of Letter of Administration
- Application letter.
- Death Certificate.
- Oath of Administration
- Affidavit of next of kin
- Inventory assets
- Passport photographs of the applicant
- Valid ID card of the applicant
- Filling fee.
- Marriage Certificate (in the case of a spouse applying)
Read also: HOW TO WRITE A WILL IN NIGERIA
There are important facts one need to know when it comes to Estate law. A next-of-kin is not one who inherits or benefits from the estate of the deceased or a deceased property upon death. A next of kin is simply one who can be contacted in the case of emergency or accident. marriage or birthright does not give anyone automatic authority over the estate of the deceased. It is either the administrator or the executors that have the right to manage the estate of the deceased.
In conclusion, as an individual that have properties it is wise you document your wishes by writing a Will so that your properties will be evenly distributed upon your demise. Note also that even if you are a spouse to a deceased and another person applies and get the letter of administration, the person have a legal right over the property than you. Remember ignorant of the Law is no excuse. Do the right thing Now!
For further enquiries:
Call/WhatsApp: 08116486356
Email: info@verazadvocates.com.ng
