A Deed of Probate is essential in Nigerian estate administration when a person dies leaving a valid will. This document is required by Nigerian law to officially authorize the named executor(s) to manage and distribute the deceased's assets. The deed must be filed with the appropriate High Court and includes detailed information about the deceased, their estate, and the proposed administration. It's particularly important in the Nigerian context where multiple legal systems (common law, customary law, and Islamic law) may intersect. The document must comply with the Administration of Estates Law and other relevant Nigerian legislation, requiring careful attention to both federal and state-specific requirements. A Deed of Probate typically includes comprehensive details of the estate's assets, liabilities, and intended distribution, serving as the primary legal instrument for estate administration.
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1. Title and Date: Formal title of the deed and date of execution
2. Parties: Details of the executor(s) applying for probate and their legal capacity
3. Background: Information about the deceased, date of death, and existence of a valid will
4. Definitions: Key terms used throughout the deed including legal and technical terminology
5. Grant of Probate Declaration: Formal declaration requesting the grant of probate
6. Executor's Oath: Sworn statement by executor(s) to faithfully administer the estate
7. Estate Details: Summary of the deceased's estate value and nature of assets
8. Administration Powers: Powers granted to the executor(s) in administering the estate
9. Attestation: Formal execution clause and witness requirements
10. Signatures: Execution block for all required signatures and witnessing
1. Foreign Assets Declaration: Required when the deceased owned assets in other countries
2. Trust Provisions: Needed when the will creates trusts or involves minor beneficiaries
3. Tax Declarations: Specific tax-related declarations when estate exceeds certain thresholds
4. Reservation of Rights: Used when multiple executors exist but not all are applying for probate
5. Contentious Matters: Required when there are known disputes or potential claims against the estate
6. Power of Attorney: Needed if any executor is acting through an attorney
1. Schedule A - Estate Assets: Detailed inventory of all assets belonging to the deceased
2. Schedule B - Liabilities: List of all debts and liabilities of the estate
3. Schedule C - Will: Copy of the last will and testament
4. Schedule D - Death Certificate: Certified copy of the death certificate
5. Schedule E - Beneficiaries: Complete list of beneficiaries and their entitlements
6. Schedule F - Supporting Documents: Additional documents including bank statements, property titles, and other relevant certificates
7. Appendix 1 - Executor's Declaration: Detailed statement of executor's duties and responsibilities
8. Appendix 2 - Valuation Reports: Professional valuations of significant assets if required
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