May 14, 2025

HOW TO GET A LETTER OF ADMINISTRATION: MISTAKES TO AVOID

by Eko Solicitors

Introduction

Applying for a Letter of Administration in Lagos State demands strict compliance with both statutory provisions and procedural rules in the High Court’s Probate Registry. Any misstep, whether omitting a required form, skipping a registry search, or filing out of turn, can lead to adjournments, objections, extra costs, or even dismissal of the application. This article highlights the five key mistakes to avoid and offers best-practice tips for a smooth grant process.

Mistake 1: Submitting Incomplete or Incorrect Documentation

A complete application must include at least the following items:

Application for Grant of Letters of Administration (without Will)
Oath of Administration sworn by the applicant(s)
Administration Bond, supported by sureties who meet court requirements
Declaration as to Next of Kin, identifying all persons entitled under Section 49
Inventory of Assets and Particulars of Landed Property left by the deceased
Schedule of Debts and Funeral Expenses so creditors can be notified
Sureties’ Application Form and Justification for suretyship

Submitting incomplete or incorrect forms (wrong info, mismatched signatures, invalid IDs) is one of the top reasons applications stall or fail outright. Each rejection means fresh filing fees and wasted weeks. To avoid this, use a standardized pre-filing checklist and double-check every form against LAPRS guidelines.

Mistake 2: Failing to Conduct a Preliminary Registry Search

Before filing, applicants must verify that no previous application or grant exists for the same estate. Lagos State’s Probate Registry Automated System (LAPRS) and the Judiciary’s online portal allow this search free of charge.

Why it matters: Filing a duplicate application invites objections, court investigations, and potential nullification of the later grant.

How to search: Visit https://probate.lagosjudiciary.gov.ng/, use the “Search/Case Status” function, and enter the deceased’s full name and date of death at probate.lagosjudiciary.gov.ng

Mistake 3: Misunderstanding Statutory Applicant Priority

Lagos Administration of Estates Law prescribes a strict order of priority for who may apply first:

Surviving spouse and issue (children)
Parents of the deceased
Siblings, grandparents, nephews/nieces, and further relations in descending order

If a lower-priority person files before a higher-priority claimant, the application will be objected to. Always confirm your place in the hierarchy before preparing your forms.

Mistake 4: Ignoring Publication and Notification Requirements

A. Public Notice

Although the Probate Section ceased newspaper adverts after 31 December 2015, all Letters of Administration applications must now be posted on the Judiciary website for public viewing Lagos State Judiciary. Some practitioners still publish in a national newspaper to ensure broad notice and guard against later creditor claims.

B. Serving Heirs and Creditors

Applicants must formally serve notice on all known next of kin and creditors, typically via registered mail or court bailiff, to allow any objections or claims to be lodged in time. Failure to do so can lead to set-aside applications and reopen the estate administration years later.

Mistake 5: Neglecting to Engage Legal Counsel Early

While the online portal simplifies part of the process, many steps still requires manual filing at the Probate Registry and compliance with High Court rules (e.g., Order 61, Rules 1–2) A qualified solicitor will:

Ensure every form and affidavit is correctly drafted and sworn.
Coordinate surety bond procurement with an approved Lagos surety company.
Monitor the application through LAPRS and secure hearing dates promptly
DIY applications often overlook subtle procedural nuances, leading to costly adjournments and, in worst-case scenarios, application withdrawal.

Conclusion

Avoiding these five mistakes will make your path to obtaining Letters of Administration in Lagos State smooth. Always use the official LAPRS portal, follow the Administration of Estates Law and High Court Rules to the letter, and consult experienced lawyers to protect both your interests and those of the estate’s beneficiaries.

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