probate
Probate is the legal process of proving a will and distributing an estate, and in Nigeria it can take years.
In plain English
Somebody dies. The family assumes the assets simply pass to whoever the deceased intended. Then they meet probate.
Probate is the court supervised process of proving a will is valid, appointing whoever will administer the estate, settling debts and taxes, and distributing what remains. Until it is complete, the assets are effectively frozen. Bank accounts cannot be touched. Property cannot be sold. Businesses drift without an owner.
In Nigeria this process is slow, and it can take years rather than months. Families have been unable to access money that was unquestionably meant for them while lawyers were paid throughout and property fell into ruin.
Without a will, it is considerably worse. The estate is administered under the law and applicable custom, disputes multiply, and widows and daughters frequently find their position far weaker than the deceased ever intended.
There are ways to reduce the pain, and every one of them must be done while you are alive. A valid, clearly drafted will. Named beneficiaries on every policy and pension, which generally pass outside probate. Assets held in a properly constituted trust. Clear title on every property.
Probate is the price your family pays for whatever you did not arrange. Arrange it.
A woman dies leaving a house, a bank account and a business. With no will, the estate takes four years to resolve. The business fails during the delay for lack of a decision maker, and her children inherit a court case rather than an income.
Questions people ask
How long does probate take in Nigeria?
It varies enormously and frequently takes years, particularly where there is no will or where the estate is disputed.
How do I avoid probate?
Name beneficiaries on policies and pensions, since those generally pass outside it. Consider a trust for significant assets. And write a clear will, which does not avoid probate but makes it far faster.
Can my family access money during probate?
Generally not from frozen accounts, which is why a life policy with a named beneficiary matters so much. It pays quickly, while everything else waits.
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