Letters of administration

This procedure is mostly adopted where someone dies intestate i.e. without a Will. The law recognizes some set of people who are entitled to apply for letters of administration in order to be able to take over and administer the deceased person’s estate. In essence, it is a legal authority conferred by the probate court on a person called administrator or administratix to administer the estate or property of a person that died without a will.

Where letter of administration is not granted then nobody will have the right to act or do anything with regards to the deceased person’s estate as they are vested in the Chief Judge of the state.

As earlier stated, there are people recognized under the law as the right set of people that can apply for letter of administration. Section 49(1) of the Administration of Estate Laws of Lagos State highlighted the set of people that can apply. They are usually called next of kin. The section created a hierarchy in the set of people that can apply. The hierarchy in the section is reproduced below-

–Surviving spouse(s) of the deceased.

–Children of the deceased. –Parents of the deceased. – Brothers or sisters of the deceased of full blood or the children of such brother or sister who died in the life time of the deceased.

– Brother or sister of the deceased of half-blood or the chil- dren of such brother or sister who died in the life time of the deceased.

– Grandparents of the deceased.

– Uncles and aunts of full blood or their children.

The procedure for the application for letter of administration will be discussed under another write up.