When a parent or relative dies leaving land or a house, families often assume the property simply passes to the children. In practice, until the right legal steps are taken, nobody can lawfully sell, mortgage or transfer it, and disputes between relatives can tie it up for years.
This guide explains how inherited land is transferred in Nigeria, with a focus on Lagos: probate, letters of administration, and getting the title into the beneficiaries’ names.
Step one: was there a will?
Situation
What you need
Who acts
The deceased left a valid will
A grant of probate
The executors named in the will
The deceased left no will (intestate)
Letters of administration
Administrators appointed by the court, usually close family members
The deceased left a will that does not cover all property
Probate, plus letters of administration for the rest
Executors and administrators
In Lagos, applications are made to the Probate Registry of the High Court of Lagos State. Where the deceased was subject to customary or Islamic law, those rules may also affect who inherits, particularly for property not covered by a will.
Why you need a grant
A grant of probate or letters of administration is the court’s confirmation of who has authority to deal with the estate. Without it:
banks will not release the deceased’s accounts;
the Lands Registry will not register a transfer of the deceased’s land; and
no buyer’s lawyer will approve a purchase from the family.
Anyone who “sells” estate property without a grant puts the buyer at serious risk.
The process in outline
Locate the will, if any, and the title documents for each property.
Apply to the Probate Registry, with the death certificate, the will or details of next of kin, and an inventory of the estate’s assets and debts.
Value the estate and pay any fees the registry assesses.
Obtain the grant.
Pay the estate’s debts.
Distribute the property to the beneficiaries under the will or the rules of intestacy.
Transferring the land into the beneficiaries’ names
The grant does not itself put the land in the beneficiaries’ names. The personal representatives must transfer it, usually by a deed of assent or deed of assignment in favour of each beneficiary.
The transfer should then be registered at the Lagos State Lands Registry, with any consent required under the Land Use Act. Until this is done, the beneficiaries’ ownership is not fully reflected on the record.
Avoiding family disputes
Make a will. It is the single best way to prevent disputes.
Communicate early with all beneficiaries, and keep proper records and accounts.
Don’t sell or occupy estate property without agreement and authority.
Use mediation. Family disputes over inheritance often resolve faster and cheaper through mediation than in court.
Frequently asked questions
Can I sell my late father’s house without probate? Not safely. A buyer needs to deal with the personal representatives named in a grant of probate or letters of administration.
How long does it take to get letters of administration in Lagos? It varies with the size of the estate, the documents available and whether there are disputes. Gather the documents early to avoid delays.
Who can apply for letters of administration? Usually close family members of the deceased, such as a spouse or adult children, subject to the court’s rules.
Do the children automatically own the house? Not automatically. The property must be administered and transferred by the personal representatives.
What if family members disagree about the property? Mediation is often the best first step. If it fails, the court can resolve the dispute.
About Cardinal Counsel
Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, estates, commercial agreements and dispute resolution. The firm assists families with probate and letters of administration, transfers of inherited property, and family property disputes.
This article is for general information only and does not constitute legal advice. If you have inherited land or property, contact Cardinal Counsel at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.