Many Nigerian families face serious difficulties when trying to access money left behind in a deceased loved one’s bank account.
Grief is often compounded by confusion, legal delays, and family disputes.
Under Nigerian law, funds in a deceased person’s bank account cannot be withdrawn freely — not even by a spouse, child, or next of kin — until specific legal requirements are fulfilled.
This guide explains the process clearly and simply.
How to Access a Deceased Relative’s Bank Account in Nigeria
When a person dies, their bank account is immediately restricted once the bank is notified. The funds form part of the deceased’s estate, and access is governed strictly by law.
The situation becomes more complicated when:
- The deceased left no Will (intestacy)
- The named next of kin is deceased or under 18
- Family members disagree over entitlement
- The Will is being contested
Without proper legal authority, banks will not release a single naira.
Will vs No Will: Understanding the Difference
1. If There Is a Will
If the deceased left a valid Will, the executors named in the Will must apply to the Probate Registry for a Grant of Probate.
This legal document authorizes them to carry out the deceased’s wishes and manage the estate — including accessing bank accounts.
This is usually the smoother route.
2. If There Is No Will (Intestate)
If there is no Will, the estate is considered intestate.
Family members must apply to court for Letters of Administration. The court will appoint administrators to manage the estate.
This process is often:
- Longer
- More complex
- Prone to family disputes
- Subject to litigation
Next of Kin Does NOT Mean Automatic Access
Many Nigerians believe that being named as “next of kin” on a bank account automatically gives them access to funds after death.
This is false.
The next of kin is simply the bank’s contact person in case of death. It does not override inheritance laws. Banks still require court authorization before releasing funds.
The Key Legal Requirement
Before any Nigerian bank releases funds, you must obtain a Court Grant of Probate or Letters of Administration (also called a Grant of Authority).
There are three possible forms:
✔ Grant of Probate
Issued when there is a valid Will and named executors.
✔ Letters of Administration WITH Will
Issued when a Will exists but:
- No executor was named
- The executor is deceased
- The executor is under 18
- The executor declines the role
✔ Letters of Administration WITHOUT Will
Issued when the deceased died intestate.
This is the most complex and dispute-prone process.
Without one of these court grants, banks will not release funds.
What Happens When There Is No Will?
- Family members notify the bank of the death.
- The bank confirms the recorded next of kin.
- Interested family members apply to court for Letters of Administration.
- The court reviews the application and may appoint administrators after due process.
If family members disagree, the matter may escalate to litigation — delaying access to funds for months or even years.
What If the Will Is Contested?
If family members challenge the validity of a Will, the matter proceeds to court under solemn form proceedings.
During this period:
- The court may appoint a temporary administrator (administrator pendente lite) to preserve the estate.
- No beneficiary can access the bank account.
- Banks will freeze the funds until the court resolves the dispute.
Documents Required for Letters of Administration in Nigeria
To begin the probate process, the following are typically required:
- Application to the Probate Registry
- Full details of the deceased
- Date and place of death
- Death Certificate issued by the National Population Commission
- Proof of residence within the court’s jurisdiction
- Names of proposed administrators
- Passport photographs
- Copy of the Will (if any)
- Copy of the Will (very important — banks must verify authenticity)
- Bank account details
Important: Bank Account Details Are Required
If the Will does not clearly state account details, you must provide:
- Account name
- Account number
- Account type (Savings, Current, Fixed Deposit)
- BVN (if required)
Without these details, the bank cannot process your request.
Formal Application to the Bank
After obtaining the court grant:
- Write a formal application letter to the bank
- Attach passport photographs
- Attach the court-issued grant
- Attach the death certificate
- Attach the Will (if applicable)
Some banks may require:
- Account closure forms
- Change-of-name forms
- Transfer instructions
Bank Investigation Stage
Once documents are submitted:
- The bank’s legal department verifies authenticity
- Lawyers investigate the validity of the Will
- The Probate Registry documents are confirmed
This stage can take time.
No access will be granted until verification is complete.
Important Legal Realities to Remember
- A court will NOT issue probate if the matter is still in dispute.
- Banks will NOT release funds if there is a court injunction.
- Next of kin status alone is insufficient.
- Family disputes significantly delay the process.
Access is easiest when a valid Will exists.
Conclusion
Accessing a deceased person’s bank account in Nigeria is a legal process — not an emotional one.
The law prioritizes due process over family relationships. Whether you are a spouse, child, sibling, or next of kin, court authorization is mandatory.
To avoid unnecessary hardship for your loved ones:
✔ Write a valid Will
✔ Clearly state beneficiaries
✔ Keep proper financial records
✔ Inform trusted family members of your estate plan
Planning ahead prevents disputes, delays, and financial suffering.
