Family members have expressed worry over the “slow pace” of granting probate or letters of administration for them to legally manage and distribute the assets of their deceased loved ones.
They complained that the slow and opaque nature of the probate process in Nigeria was leading to delays in accessing estate assets.
An Abuja resident, Hauwa Ali, said she felt helpless, especially when she applied for the letter of administration in 2023, and nothing has changed since then.
”We are in 2025 now, and I am waiting for approval. I am frustrated because the matter is not progressing, and the recovery of my husband’s assets is stalled. The probate process is tedious and lengthy, taking months or even years to complete,” she said.
Another resident, Calista Onu, narrated her experience while trying to access her mother’s bank account.
”I applied for the probate in August 2024, after my mother passed. I had to prove my identity as a next-of-kin or beneficiary, even though my mother had named me as her next-of-kin.
“As we speak, I have not heard any word from the probate department. The nature of the probate process is becoming a burden on me,” she said.
Tony Ishaya, who is waiting for the letter of administration for his late brother’s assets, stated that he initiated the process in 2023.
”My application was stalled because my other brothers challenged me as the next-of-kin for our late brothers’ estates. Because of that, I had to start the application all over again to show that I was named in his will. I had to engage a lawyer, who advised me, and we are getting close to ending the process,” he said.
Responding to the complaints, Samuel Idhiarhi, the director of probate in Abuja, stated that the process involves extensive paperwork and adherence to various state-specific laws and procedures, which can be confusing and lead to further delays.
Mr Idhiarhi attributed the delays to ”external factors”. Those assets, he said, could include bank accounts, cash, property, shares, and other assets.
”What are the usual assets? bank deposits, buildings, cash, land; it could be anything, from chairs to jewellery. The internal requirements include payment of two per cent of the value of the assets, which is paid to the court, and two sureties are required.
“The process starts when the percentage is paid and the court makes a publication, which runs for 21 days,” he said.
He said the progress was expected to be completed within six months, and if stalled due to a delay in providing the required materials, the applicant would have to start again from scratch.
The director stated that among the requirements are the presentation of a letter of introduction from the applicant and the death certificate of the deceased.
He said those things must be provided before the process can begin, and because of the volume of applications coming in, publication is done every Monday in the FCT jurisdiction.
“In some jurisdictions, they don’t have the volume we have here, so they can say, Look, because of the cost of publication, we will wait until we have 40 before we go to publish. As we wait for the 40 applications, it may take a month or more,” he said.
He also said that the process of obtaining the bank’s consent to confirm the deceased’s account can also cause a delay.
“It is outside our control, like errors in the name of the account holder or next of kin. It is when all the errors are cleared and the bank gives the approval that the applicant can bring it to us.
“In case of property, like landed property, we must write to the Abuja Geographical Information System (AGIS) to know about the property, and for shares, you approach the stock brokers,” he said.
Mr Idhiarhi said that when all the requirements are met, the process will not be delayed in the court.
“The file comes to the director of probate (me), when done, it is taken to the Chief Registrar for signing and checking, lastly, the file goes to the Chief judge for checking , signing, and approval.
“It does not delay when it is within our control. The delays are from factors outside our control. At times, the members of the deceased family are the cause of these delays, when they tend to be confused about who the next-of-kin should be,” he said.
(NAN)
