ADMINISTRATION OF ESTATES ACT

What Is This Policy?

This Act governs the legal process for administering the estates of deceased persons in Nigeria, covering the appointment of administrators, collection of assets, payment of debts, and distribution to beneficiaries.

Who Does It Target?

Executors and administrators responsible for managing deceased persons' estates Beneficiaries and legal heirs entitled to receive from an estate Legal practitioners and probate courts handling estate administration matters

What Does It Aim to Achieve?

To provide a clear and orderly legal framework for collecting, managing, and distributing the estates of persons who die testate or intestate, protecting both creditors who are owed money and beneficiaries who are owed assets.

Key Features

Letters of Administration: Sets out the process for obtaining court authority to administer an estate where no valid will exists Executor Powers and Duties: Defines the powers, duties, and liabilities of executors appointed by a valid will Asset Collection: Empowers administrators and executors to take possession, manage, insure, and preserve estate assets pending distribution Debt Payment Priority: Establishes the legally prescribed order in which estate debts and liabilities must be discharged before distribution Distribution Rules: Provides rules for distributing the estate balance to beneficiaries in accordance with the will or the intestacy rules

Current Status

Rollout Stage: In force; applied through the probate divisions of state high courts Coverage: Nationwide, subject to state adoption and the application of customary law in appropriate cases Funding: Court filing fees and probate registry charges

How to Access

Executors or next of kin must apply to the probate registry of the relevant state high court for authority to administer an estate. Certified copy of the death certificate of the deceased Original will if one exists Completed application for probate or letters of administration Inventory of all known estate assets and their estimated values Payment of applicable probate filing fees Application method: Probate Registry of the relevant State High Court

Official Resources

Website: Contact the relevant State High Court Probate Registry or State Ministry of Justice

Legal Framework

Enacted under the legislative powers of the National Assembly as the Administration of Estates Act (Cap A3 LFN 2004). Operates alongside the Wills Act, the Marriage Act, the Probate Court Rules, and customary law applicable in various states. Section 49 of the 1999 Constitution provides for property rights. Aligns with the Inheritance (Family Provision) Act and the Administration of Justice Commission Act frameworks.