By Timileyin Ilesanmi
When a person dies without a valid will, their assets do not simply disappear, and they do not automatically belong to the eldest child, the surviving spouse, or the family head. The estate must be administered according to the law applicable to the deceased, and the persons entitled to inherit depend on the marriage, religion, customary law, and the assets involved.
Dying intestate—without a will—often creates delay, family conflict, and avoidable expense. It may also produce an outcome the deceased would never have chosen. Understanding the rules early is therefore an important part of family wealth planning. How is a deceased person’s estate distributed where there is no valid will? The law must identify who may administer the estate, who is entitled to inherit, and under which legal system the distribution should occur.
In Nigeria, succession is not governed by one uniform rule. A deceased person’s estate may be distributed under statutory law, customary law, or Islamic law, depending on the deceased’s personal law, marriage, domicile, and the nature of the property. This plurality makes intestate succession particularly sensitive in a country with diverse religious and customary traditions.
The applicable law
Where a person dies intestate, the estate is generally administered under the Administration of Estates Law of the state where the deceased was domiciled. In Lagos State, the Administration of Estates Law, Cap. A3, Laws of Lagos State, provides the framework for administration and the grant of letters of administration.
However, that statutory regime does not displace every other system. Where the deceased was subject to customary law, distribution may follow the applicable native law and custom. Where the deceased was a Muslim, Islamic law may govern inheritance, with fixed shares allocated under the rules of Fara’id.
The type of marriage can be decisive. In Obusez v. Obusez (2007) 10 NWLR (Pt. 1043) 430, the Supreme Court held that a marriage contracted under the Marriage Act pointed to succession under English-type statutory law rather than customary law. The decision illustrates that the deceased’s marriage and personal law may determine whether customary inheritance rules apply.
Administration of the estate
No relative may lawfully take control of a deceased person’s bank account, land title documents, shares, or other estate assets merely because they are the eldest child or family head. The estate must first be administered through a grant from the Probate Registry of the High Court.
Where there is no will, the appropriate grant is letters of administration. The administrator is authorised to collect the deceased’s assets, pay debts, funeral expenses, and taxes, and distribute the balance to those entitled under the applicable law.
In Lagos State, section 49 of the Administration of Estates Law sets out an order of priority for applicants. The surviving spouse and children generally have priority, followed by other specified relatives. The court may require two or more administrators, particularly for substantial estates.
Distribution under customary law
Customary succession varies significantly across ethnic groups.Under Yoruba customary law, if a man dies intestate, his property can be shared by the number of wives he had (Idi-igi or per stirpes), meaning the estate is first split equally among each wife’s branch of children, and then each child shares their mother’s portion.
Under Igbo customary law, inheritance has traditionally favoured male children, although constitutional challenges and modern legislation have substantially weakened discriminatory practices. In Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384, the Supreme Court held that the Igbo customary rule excluding female children from inheritance was inconsistent with section 42 of the Constitution and therefore unconstitutional.
The lesson is that customary law is not static. A rule that discriminates against female children, widows, or other family members may be challenged where it conflicts with constitutional guarantees of equality and non-discrimination.
Distribution under Islamic law
Where Islamic law applies, inheritance follows the fixed-share system. A surviving spouse, children, parents, and other qualifying relatives may be entitled to prescribed shares. The estate is first used to settle funeral expenses, debts, and any valid testamentary disposition within the permitted limit, before the residue is distributed.
Islamic succession is generally more structured than customary succession because the shares are prescribed by religious law. However, disputes may still arise over the validity of a marriage, the identity of heirs, the existence of debts, or whether particular assets form part of the estate.
Assets that pass outside the estate
Not every asset passes through intestate administration. Life-insurance proceeds payable to a named beneficiary, pension benefits with a nominated beneficiary, jointly owned property with a right of survivorship, and assets held in trust may pass directly to the beneficiary or surviving co-owner.
This distinction matters. A family may assume that a deceased person’s bank account or pension will be shared under customary law, only to discover that a valid beneficiary nomination controls payment. Conversely, land held solely in the deceased’s name will usually require administration before it can be transferred to heirs.
Final note
A will remains the simplest way to control what happens to your assets after death. It allows you to choose beneficiaries, appoint trusted executors, provide for a spouse and children, protect vulnerable dependants, and reduce the risk of family disputes.
If a loved one has died intestate, the family should avoid informal sharing of estate assets. Identify the applicable succession law, obtain the death certificate, compile an inventory of assets and liabilities, and apply for letters of administration through the appropriate Probate Registry. Where there is conflict, legal advice should be obtained before any distribution is made.
Dying without a will does not mean your family loses everything. It means the law, rather than you, decides who administers your estate and who receives it. Proper succession planning ensures that your assets reach the people you intend to protect.