Inheriting property in Nigeria in the form of land, a house, or another asset can be both a blessing and a legal tussle. Many Nigerians struggle to navigate the complex legal process required to officially transfer inherited property.
Without following the right steps, you risk disputes, delays, or even losing the property altogether.
This legal guide will walk you through the step-by-step process of transferring inherited property in Nigeria, helping you avoid common pitfalls and legal complications.
Whether you’re dealing with a will (testate) or no will (intestate), this article breaks down everything you need to know from obtaining a death certificate to registering the property in your name.
What is Inherited Property in Nigeria?
Inherited property refers to assets passed down after the death of a relative. These can include land, buildings, vehicles, bank accounts, or business interests.
There are two major inheritance types under Nigerian law:
- Testate: When the deceased left a valid will.
- Intestate: When the deceased did not leave a will.
Depending on the case, the process of transferring the property legally will either require a probate (for wills) or a letter of administration (for no will).
Also, it’s important to note the difference between customary law and statutory law in Nigeria. While many families follow traditional customs, statutory law often overrides those customs in official land and property documentation, especially in urban areas.
Read Also: Property Transfer in Nigeria: Your Complete Documentation Checklist
Legal Framework Governing Inherited Property in Nigeria
Several legal bodies and statutes guide inheritance and property transfer:
- Probate Rules of the High Court
- Administration of Estates Law
- Land Use Act
- The Constitution of the Federal Republic of Nigeria
- Customary/Islamic Law (depending on family background)
The process is typically handled at the Probate Registry under the jurisdiction of the High Court where the deceased lived or where the property is located.
Step-by-Step Guide to Transferring Inherited Property in Nigeria
Step 1: Obtain a Death Certificate
A death certificate is the first and most crucial document in the inheritance process. A good way to go about this is to get it from the National Population Commission (NPC). Afterwards, you’ll need it to file for probate or letters of administration.
Step 2: Obtain the Will or Apply for a Letter of Administration
If the deceased left a will, apply for Probate. If there is no will, apply for a Letter of Administration. Both applications must be made at the Probate Registry of the High Court.
Step 3: File at the Probate Registry
Apply with supporting documents:
- Death certificate.
- Inventory of assets
- Affidavit of next of kin
- Passport photographs
Processing time varies from 3 to 6 months, depending on the court and state.
Step 4: Publish Notice for Objections
- A notice of intention is published in national newspapers.
- This gives anyone who may object to the will or your claim time to contest.
Step 5: Pay Estate Duties and Court Fees
- The estate will be assessed for fees, duties, and taxes.
- Payment must be made before probate or the letter of administration is granted.
Step 6: Obtain the Grant (Probate or Letter of Administration)
- Once all documents are verified and fees paid, the registry issues either:
- Probate (if there’s a will)
- Letter of Administration (if no will)
Step 7: Register the Property in Your Name
- Submit the grant documents, death certificate, and identification to the State Land Registry.
- Apply for a Governor’s Consent (especially in Lagos and Abuja).
- Once approved, the title is changed and you become the legal owner.
Challenges You May Encounter
- Family disputes over entitlement
- Delays at the probate registry
- Missing documents or unclear property titles
- Customary law vs. statutory law clashes
FAQs About Inherited Property in Nigeria
- How do I transfer inherited property in Nigeria?
To transfer inherited property, you need to:
- Get a death certificate
- Apply for probate or a letter of administration
- Publish a notice
- Pay estate duties
- Register the property with the Land Registry
- Obtain Governor’s Consent (if needed)
- What documents are required to obtain a letter of administration in Nigeria?
You’ll need:
- Original death certificate
- Next of kin affidavit
- Passport photographs
- Application forms from the Probate Registry
- Inventory of the deceased’s assets
- How long does the probate process take in Nigeria?
On average, the probate process can take 3 to 6 months, depending on:
- The complexity of the estate
- State jurisdiction
- Disputes or objections from relatives
- What is the cost of transferring inherited property in Nigeria?
Costs include:
- Application fees at the Probate Registry
- Estate duties (often 10% of estate value)
- Legal fees
- Land Registry fees for title change
- Can inherited land be transferred without a lawyer?
Technically yes, but it’s highly recommended to hire an estate lawyer to avoid mistakes, delays, and disputes. Many procedures involve legal filings that are best handled professionally.
- What happens if the deceased left no will?
If there’s no will, the next of kin can apply for a Letter of Administration. Depending on the case, the estate will be distributed based on the Administration of Estates Law or customary law.
- Do I need a Governor’s Consent to transfer inherited land?
Yes, especially if the land is in urban areas governed by the Land Use Act (e.g., Lagos, Abuja). The Governor’s Consent legalizes the change of ownership.
Conclusion
Transferring inherited property in Nigeria is a structured but sensitive legal process. If you follow each step, from obtaining the death certificate to registering the property with the land registry, you’ll protect your rights and avoid future disputes.
Using this guide, you’ll understand the law and the real-life process behind turning inherited property into legally registered ownership.