Many people assume that if they die without making a Will, their property will automatically go to their spouse and children. The reality is more complicated. When a person dies without leaving a valid Will, they are generally described as having died intestate. Their estate must then be administered according to the applicable law governing succession and administration in the relevant circumstances. Understanding what happens when someone dies without a Will in Nigeria is important because the process can involve legal procedures, applications for Letters of Administration, identification of beneficiaries, settlement of debts, and distribution of the deceased’s estate. What Does It Mean to Die Without a Will? A person who dies without a valid Will is generally said to have died intestate. This can happen where: The person never made a Will. A purported Will is invalid. The Will does not effectively dispose of the relevant property. The Will has been revoked. When this happens, the deceased’s wishes cannot simply be assumed. The estate must be administered according to the applicable succession laws. What Happens to the Deceased’s Property? The death of an individual does not mean that family members can simply take possession of the deceased’s assets and distribute them among themselves. The estate may include: Land and buildings. Money in bank accounts. Shares and investments. Vehicles. Business interests. Personal property. Debts owed to the deceased. The legal process for administering these assets depends on the circumstances and the law applicable to the estate. Who Has the Right to Administer the Estate? Where there is no valid Will, there are no executors appointed by the deceased under a Will. Instead, persons entitled to administer the estate may apply for Letters of Administration from the appropriate Probate Registry. The specific persons entitled to apply and the order of priority can depend on the applicable law and the circumstances of the deceased’s family. It is therefore important not to assume that the oldest child, spouse, or another relative automatically has authority to administer the estate. What Are Letters of Administration? Letters of Administration are a legal authority granted by the appropriate Probate Registry to persons known as administrators, enabling them to administer the estate of a person who died intestate. The administrators may, subject to the law and the terms of the grant: Collect and manage the deceased’s assets. Pay legitimate debts and liabilities. Deal with estate property. Distribute the remaining estate to persons entitled to it. A person should not simply assume control over the deceased’s estate without the necessary legal authority. How Is the Estate Distributed? One of the most important things to understand about what happens when someone dies without a Will in Nigeria is that there is no single rule applicable to every intestate estate throughout Nigeria. The applicable law may depend on factors such as: The state in which the estate is being administered. The nature and location of the property. The deceased’s personal law. Whether customary law applies. The deceased’s marriage and family circumstances. Applicable legislation governing succession. For this reason, the distribution of an intestate estate should be determined after obtaining appropriate legal advice rather than relying on assumptions about who is entitled to inherit. Can a Spouse Automatically Inherit Everything? No. A surviving spouse does not simply become the owner of everything belonging to the deceased merely because there is no Will. The rights of a spouse and other beneficiaries depend on the applicable succession law and the circumstances of the estate. Similarly, children, parents, siblings, or other relatives may have rights depending on the applicable law. This is one of the reasons why proper estate planning is so important. What About Family or Customary Law? Succession can become particularly complicated where customary law is relevant. Nigeria has a diverse legal system, and customary rules of succession differ between communities. Some customary rules may also be subject to statutory or constitutional limitations. Consequently, families should not assume that a customary practice automatically determines the legal distribution of every estate. Where there is uncertainty, professional legal advice should be obtained. What Happens to the Deceased’s Debts? An estate does not consist only of assets. The deceased may also have outstanding: Loans. Taxes or other liabilities. Business debts. Contractual obligations. Other legitimate debts. The administration of the estate generally involves identifying and dealing with legitimate liabilities before the estate is finally distributed to beneficiaries, subject to applicable law. Beneficiaries should therefore not assume that every asset left by the deceased can immediately be distributed. What If Family Members Disagree? Disputes can arise where family members disagree about: Who is entitled to inherit. Who should administer the estate. Ownership of particular properties. The validity of customary claims. Whether particular assets belong to the estate. How the estate should be distributed. Where disagreements cannot be resolved amicably, legal proceedings may become necessary. Early legal advice can help families understand their rights and explore appropriate methods of resolving the dispute. Can Someone Sell the Deceased’s Property Without Letters of Administration? Generally, family members should not assume that they can lawfully sell or otherwise deal with estate assets simply because they are relatives of the deceased. The authority to administer and deal with estate property ordinarily arises through the appropriate legal process. Attempting to sell or transfer estate assets without proper authority can create serious legal complications and may expose those involved to claims or other consequences. Why Dying Without a Will Can Create Problems Dying intestate does not mean that a person’s property will be lost. However, it can make estate administration more complicated. Potential difficulties include: Disputes among family members. Uncertainty regarding beneficiaries. Delays in obtaining authority to administer the estate. Disagreements over property. Complications involving customary succession. Additional legal and administrative costs. A properly prepared Will can provide much greater certainty regarding how a person’s estate should be administered. How to Make Estate Administration Easier Whether or not a person has substantial wealth, some basic estate planning can make a significant difference. Consider: Preparing