Who is an administrator of an estate?
The State High Courts, including the FCT High Court, appoint an administrator under a Letter of Administration without Will to manage the property and affairs of a deceased person.
Administrators act as fiduciaries, meaning they are trusted to handle the estate in the best interest of the beneficiaries and creditors.
What are the primary duties of an estate administrator?
The administrator is responsible for:
- Identifying all the deceased’s assets and debts.
- Paying any outstanding debts and liabilities from the estate.
- Distributing what remains (the residue) to the rightful beneficiaries.
Importantly, administrators must actively investigate the existence of any debts – they cannot claim ignorance to avoid this obligation.
What powers does an administrator have?
An administrator has broad authority to manage the estate. His powers include:
- Holding real estate and assets in trust.
- Paying the estate’s debts and taxes.
- Selling or transferring property where necessary.
- Taking legal action on behalf of the estate if required.
The Letter of Administration and relevant estate laws typically outline estate administrators’ powers.
Tips: You can verify letters of administration in the issuing probate registry at a minimal cost – a simple property due diligence procedure.
Can one administrator sell or transfer real estate if there are several?
Generally, all estate administrators must agree to sell or transfer the real estate vested in all of them.
Where all administrators agree to sell or transfer a property, one or more of them can complete the transaction – provided there’s clear evidence of consent from the others.
If an administrator proceeds without the agreement of the others, the sale or transfer may only be valid with a court order.
Tips: Confirm the consent of all administrators when buying a property from estate administrators in Nigeria.
How can administrators show they agreed to a decision?
Consent or “concurrence” doesn’t always have to be in writing. The law allows various ways to show that all administrators agreed, such as:
- Oral agreements (supported by credible witnesses).
- Minutes of meetings.
- Emails or letters confirming consent.
What matters is precise and reliable proof that everyone was on the same page.
Tips: You can text or message each administrator to confirm consent. Formalities are unnecessary where parties are not inclined to it.
If some administrators act without the others, does that bind everyone?
No. Estate administration must act jointly. If a few administrators take action without the others’ consent – such as selling property or entering contracts – it doesn’t legally bind those who disagree.
Every administrator must either participate or agree to be bound.
What happens if an administrator distributes assets but later, a creditor shows up?
Importantly, even after the administrators distribute the estate to the beneficiaries, an unpaid creditor can claim unpaid debts from the administrator.
The beneficiaries may be legally required to return some or all of what they received so the administrator can settle the debts.
Therefore, administrators must identify and pay all debts before distribution.
Are administrators personally liable for mistakes?
They can be. If an administrator acts negligently – like failing to discover a debt or making distributions without proper checks.
Administrators may be personally liable to the estate or creditors. Getting legal guidance and keeping good records is strongly advised.
Can an administrator delay the distribution of the estate?
Yes, and often they must. Administrators must prioritise debts and legal obligations before distributing the estate.
Rushing the process can lead to legal complications, especially if it turns out there are unpaid debts.
What can beneficiaries do if they’re unhappy with how an administrator is handling things?
Beneficiaries can apply to the probate court to:
- Obtain the income and expense account of the estate.
- Remove an administrator who is acting improperly or negligently.
- Challenge specific decisions (like sales of property or payments made).
Does estate administration always need a lawyer?
While not always required, it is usually a smart move where the estate is large, includes real estate, or has debts and potential disputes.
An estate lawyer can help ensure the administrator complies with the law and avoids personal liability.
Tips: If you’re a beneficiary, keep records of everything you receive from the estate. If you’re an administrator, document all decisions, correspondence, payments, and approvals. Estate administration is not just a family duty, it’s a legal responsibility.
We are the first bespoke education law firm. We complement our education law practice with fintech and commercial dispute (litigation). At the same time, we provide corporate counsel services to businesses, individuals, and families including on estate administration law.
If you have further questions about estate administration or need professional support, SRJ Legal is here to help.
