Funmilayo Olagunju, Esq

Letters of Administration can be defined as a formal document issued by probate Court appointing one as an administrator of an estate.

See Black’s Law Dictionary 6th Edition, page 905.

A Letter of Administration obtained in a State in respect of deceased’s Estate is not competent in another State without Resealing.

By virtue of Section 2 of the Probate (Re-sealing) Act Cap. P31, Laws of the Federation of Nigeria, 2004, the law provides that;

“Where the High Court of a State has either before or after the commencement of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, subject to the provisions of this Act, on being produced to, and a copy thereof deposited with the High Court of any other State, be resealed with the seal of that Court.”

While Section 3 provides for conditions to be fulfilled of resealing thus: “The High Court of a State shall, before re-sealing a probate or letters of administration under this Act, be satisfied

(a) that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in that State; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in that State to which the letters of administration relate, and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.”

The provision for resealing is regulated by the various High Court Laws and Rules of each State. The cost and effort of processing Letters of Administration and resealing same is preventable by drafting a Will.

“A good person leaves an inheritance for their children’s children, but a sinner’s wealth is stored up for the righteous”

Proverbs 13:22