A letter of administration is the legal authority granted to the personal representative or administrator of the deceased to dispose of, manage, or administer the estate of the deceased. It is trite law that where the deceased dies without a will (intestate), the estate of the deceased becomes vested in the Chief Judge of the State where the deceased resided until the letter of administration is obtained[1].
In Nigeria, the process of applying for a letter of administration is initiated at the Probate registry of a State. It begins with obtaining an application form accompanied by passport photographs of the applicant and deceased, a death certificate, and other relevant documents, all to be submitted at the Probate Registry. Our primary focus in this article is to outline the process of applying for a letter of administration in Cross River State.
REQUIREMENTS AND PROCEDURE FOR THE APPLICATION OF LETTER OF ADMINISTRATION IN CROSS RIVER STATE
Before applying for a letter of administration, it is important to ascertain that the deceased died without a will for such an application to be made. In other words, where there is in existence a valid will appointing an executor, an application for a letter of administration cannot be made. The application process is divided into four major stages. We will now consider the stages for the application of a letter of administration in Cross River State.
- FIRST FILING STAGE
Here, the applicant is required to submit an application known as the ‘Requirement for First Filing Form’ to be provided by the Registry. The following documents must be submitted alongside the form:
- Means of Identification (voter’s card, NIN, or international passport)
- Death certificate of the deceased
- Affidavit of next of kin
- One passport photograph of the deceased and 3 passport photographs of the applicant.
Thereafter, the applicant will proceed to pay the prescribed fees for the letter of administration and newspaper publication. Upon payment of the prescribed fees, the Probate Registry will cause a newspaper publication to be made in respect of the letter of administration for 21 days. The purpose of this notice is to inform the public of the deceased’s passing and to invite any objections or caveats.
Where a caveat is raised within the 21 days of the newspaper publication, the process will be temporarily suspended until the caveat is resolved. If the court sits to determine the caveat and it is resolved by the probate court that the caveat is based on reasonable claims, the name of the applicant who filed the caveat will be included by way of publication in a newspaper under a section known as ‘corrigendum’. This publication is expected to last for 21 days. Upon the expiration of the newspaper publication or where no caveats exist, the application will then move to the second stage.
2. SECOND FILING STAGE
At this stage, the applicant is required to submit relevant forms, including the justification of sureties’ form and the letter of consent. The letter of consent carries the names and passport photograph of members of the family. This shows that consent was given for the applicant to apply for the letter of administration. Furthermore, the applicant may be required to provide two or more sureties and witnesses who are to attest to the credibility of the applicant. However, the Court may accept one surety where the value of the estate does not exceed 1 million or the surety is a corporation.[2]
3. PAYMENT/ESTATE EVALUATION STAGE
After making all necessary documentations, the applicant is required to fill out the purpose of the letter of administration provided at the bottom of the Requirement for First Filing form. This is where the applicant is expected to state the purpose for which the application is being made, which could either be based on having access to money in the bank, gratuity, or property belonging to the deceased. The purpose is vital for the determination of charges to be paid to the government. We will now consider them as follows:
- Where the purpose is to have access to monies left in the bank, the applicant will be issued with a bank certificate by the probate registry, which will be submitted to the bank and returned with the endorsement of the bank affirming the balance in the bank. This process is necessary because where money exists, the applicant will be required to pay 10% of the money in the bank to the government.
- Where the purpose is about the gratuity of the deceased, a flat rate of N10,500 is to be remitted to the government.
- Where it concerns the property of the deceased, an inspection of the property will be carried out by the probate registry to ascertain the value of the property. A 10% rate is usually paid to the government after due evaluation of the property.
4. APPROVAL STAGE
Upon payment of the relevant charges to the government and fulfillment of all requirements, the registry will forward their report to the Probate Registrar, who is also the Chief Judge for the grant of a letter of administration. The grant of a letter of administration is signed and issued by the Probate Registrar on behalf of the Court.[3] It must be noted that where there is a fresh discovery of assets or properties belonging to the deceased after the grant has been made, the fresh discoveries will be marked under the letter of administration as additional assets.
CONCLUSION
Just like other States of the Federation, the process of applying for the grant of a letter of administration in Cross River State begins at the Probate Registry. With a well-structured system, applicants are encouraged to take the necessary steps to apply for a grant when the need arises. However, for efficiency and effectiveness, it is important to engage the services of a legal practitioner for proper service delivery.
If you need professional assistance with obtaining a letter of administration, you may reach out to us through our WhatsApp platform on this page or HERE, and we’ll attend to you.
[1] Ewarawon v F.B.N. Plc. (2020) 5 NWLR (Pt. 1717)268; Balogun v Agbara Estate Ltd (2008) All FWLR (Pt. 438) 388.
[2] Order 63 Rule 3 (1)(2) Cross River State High Court (Civil Procedure) Rules, 2023
[3] Order 63 Rule 20 Cross River State High Court (Civil Procedure) Rules, 2023
