Introduction: Why Preparation Matters

When a loved one dies, families deal with grief and the practical reality of managing the estate. Proper preparation before meeting a lawyer saves time, reduces costs, and prevents unnecessary disputes. In Nigeria, estates are administered through probate if there is a Will or through letters of administration if there is no Will. Coming prepared lets your lawyer act quickly and protects everyone’s legal interests.

Steps You Can Take Before Seeing a Lawyer

1. Confirm the death with official records: obtain the death certificate from the hospital or National Population Commission. Keep certified copies for banks and registries.
2. Locate and secure the Will if it exists: ask trusted relatives and the named executor. If lodged at the Probate Registry, request a reading.
3. Secure assets and documents: safeguard property titles, share certificates, vehicles, devices, and personal effects. Change basic premises locks where necessary to prevent interference.
4. Map assets and liabilities: list real estate, bank accounts, digital wallets, shares, pensions, co-operative funds, vehicles, and outstanding loans or debts.
5. Document family relationships: create a simple family tree with full names, ages, and contact details for spouse, children, parents, and dependants.
6. Keep a timeline: record dates for death, burial plans, family meetings, document discovery, and any communications with banks or agencies.
7. Promote calm communication: share verifiable updates with relatives. If tensions rise, suggest mediation and keep minutes of meetings.
8. Pause any informal distribution: do not share money or property until the court issues probate or letters of administration.

Evidence and Documents to Gather

Bring as many of the following as you can. If something is missing, your lawyer can advise alternatives.

Essential documents

• Death certificate and hospital records where available.
• Original Will and any Codicils, or confirmation that no Will exists.
• List of executors or proposed administrators with contacts.
• Marriage certificate and birth certificates of children.
• National ID, passport biodata, or BVN for principal beneficiaries.
• Bank details, account statements, fixed deposit slips, treasury bills.
• Title documents: Certificate of Occupancy, Deeds of Assignment or Sublease, survey plans, receipts, ground rent or land use charge evidence.
• Vehicles: purchase receipts and proof of ownership.
• Investments: share certificates, CSCS statements, pensions, insurance policies with beneficiary designations.
• Business interests: CAC records, partnership or shareholders’ agreements, board minutes on shareholding or directorship.

Helpful supporting records

• Receipts for funeral and burial expenses for possible reimbursement by the estate.
• Loan documents, mortgage statements, outstanding tax notices, utility or service charge arrears.
• Written family agreements or meeting minutes about property.
• Any prior grant of probate or letters of administration for parts of the estate.
• Evidence of customary law arrangements where relevant and how they interact with statutory requirements.

Common Mistakes Clients Make

• Distributing money or property before any court grant is issued.
• Hiding or withholding documents to gain advantage. This usually harms the estate and delays the process.
• Ignoring debts and taxes when valuing the estate.
• Letting years pass before starting probate or administration. Delay attracts risk such as encroachment and lost bank funds.
• Assuming customary rules alone will transfer title to land or shares without court and registry processes.

Common Misconceptions

Preparing for the Consultation

Organize information so your lawyer can assess the matter and plan the fastest route to a grant.

Bring the essentials

• Neatly labeled folders or a single zip folder with scans.
• Your asset and debt list with estimated values and locations.
• Family tree and beneficiary contact sheet.
• Notes on known disputes or uncooperative relatives.

Questions to ask your lawyer

• Based on our documents, what grant is appropriate and what is the likely timeline.
• Estimated costs including court filing and valuation fees.
• How to handle debts, mortgages, and taxes lawfully.
• What to do if an executor or relative refuses to cooperate.
• How to protect assets while the grant is pending.

Practical Insights

• Probate fees: many registries compute fees with reference to declared estate value. Ask for an early estimate and how valuations are handled.
• Joint accounts: usually pass to the survivor but banks may still require documents such as the death certificate and an indemnity.
• Mediation: efficient for sibling or blended family disputes. Written settlement terms can later be reflected in distribution schedules.
• Digital assets: include email or cloud storage that holds invoices or contracts. Preserve access lawfully and create an inventory.
• Real estate risk: unguarded property attracts trespass. Secure with caretakers and maintain utilities to deter encroachment.

Frequently Asked Questions

Final Thoughts

Probate and inheritance matters are sensitive and procedural. Preparation helps protect assets, reduce disputes, and shorten timelines. If you organize documents and set clear expectations before your first meeting, your lawyer can move efficiently toward a grant and distribution plan that complies with the law and respects family dynamics.