Inheriting Property in Nigeria: What the Law Says, Probate & Practical Steps

Property inheritance is one of the most common sources of family disputes in Nigeria — and one of the most significant title risks for buyers. Understanding how the law governs inheritance, what steps are required to properly transfer inherited property, and what red flags to look for when buying property that has changed hands through inheritance can save you from major legal problems.

Two scenarios: dying with a will vs without a will

Testate succession (with a will)

When a person dies having made a valid Will, their estate — including property — is distributed according to the terms of the Will. For the Will to be valid in Nigeria:

• It must be in writing
• It must be signed by the testator (the person making the Will)
• The signature must be witnessed by at least two witnesses who are present at the same time and sign the Will in the testator's presence
• The testator must have been of sound mind at the time of making the Will

After death, the Will must be submitted to the probate court. The court grants Probate— an order confirming the Will's validity and authorising the named executor(s) to administer the estate. Once Probate is obtained, the executor can proceed to transfer the property to the named beneficiary.

Intestate succession (without a will)

When a person dies without a valid Will, they are said to have died intestate. The distribution of their estate is determined by the applicable inheritance law, which depends on the nature of the deceased's marriage:

• Statutory marriage (Marriage Act): Governed by the Wills Law of the relevant State and the Administration of Estates Law. In Lagos, the Administration of Estates Law sets out the distribution — typically: spouse and children share the estate in defined proportions.
• Customary law marriage:Governed by the customary law of the deceased's ethnic group. Rules vary significantly across ethnic groups — some exclude widows, some follow the male line (primogeniture), some require specific ceremonies. Customary inheritance can be complex and contested.

In intestacy, the family must apply to the probate court for Letters of Administration — authorising court-appointed administrators to manage and distribute the estate.

How to transfer property title after inheritance

1. Obtain Probate or Letters of Administration: Apply to the High Court in the state where the property is located. You will need: the death certificate, original Will (if applicable), list of assets, evidence of your relationship to the deceased, and court fees.
2. Locate and secure the property title documents: Find the C of O, Deed of Assignment, survey plan, and any other documents held by the deceased. If documents are lost, a solicitor can apply for a certified true copy from the Lands Bureau.
3. Instruct a solicitor to prepare an Assent:The Assent is the legal document that formally transfers the property from the deceased's estate to the heir or beneficiary. It is equivalent to a Deed of Assignment in a sale transaction.
4. Apply for Governor's Consent (if applicable):If the property has a C of O, the Assent must go through the Governor's Consent process — the same process as any C of O transfer.
5. Pay stamp duty on the Assent: The Assent must be stamped at FIRS/LIRS. Stamp duty applies to the assessed value.
6. Register the Assent at the Lands Bureau:The stamped and consented Assent is registered at the State Lands Bureau, placing the heir's name on the title record.

For buyers — red flags when purchasing inherited property

Inherited property that has not been properly transferred is a significant source of dispute in Nigeria. When buying property that was inherited:

• Ask for a copy of the Probate or Letters of Administration — verify that the person selling has legal authority to do so
• Check that all named heirs or beneficiaries have consented to the sale — a sale by one family member without others' consent can be challenged
• Verify that the property has been formally transferred into the name of the selling party — if it is still in the deceased's name, the transfer chain is incomplete
• Be especially cautious with family land sold by one family member claiming to represent the whole family — require written consent from all adult family members with a recognised interest

The importance of making a Will

The lengthy disputes and title complications created by intestacy underline why making a valid Will is so important. A well-drafted Will ensures your property passes clearly and without ambiguity to your chosen beneficiaries, minimises the risk of family disputes, and avoids the time-consuming and sometimes contested Letters of Administration process.

Related guides: Property Due Diligence Nigeria, Deed of Assignment Nigeria, Governor's Consent Nigeria, Certificate of Occupancy Nigeria.