ABSTRACT
The significance of probate laws in every society cannot be overemphasized, having regards to the objective of regulating the administration of estate of deceased persons, through the grant of probate via a will duly admitted to probate or letters of administration, where the deceased left no will. Like other States in the federation of Nigeria, Edo State has a legal framework on probate matters, such as Administration of Estates Law, Wills Law, High Court (Civil Procedure) Rules and other relevant enactments. Nevertheless, over the years, there has been a serious gap between the letters of the laws and the practice of probate, especially with respect to the tedious process involved in the grant of probate and letters of administration, due to variety of reasons such as administrative bottlenecks, prohibitive fees, lack of awareness of stakeholders and applicants, etc., which have impacted administrators, executors, beneficiaries, legal practitioners/representatives and other stakeholders negatively. This paper analyze the step by step process leading to the grant of probate and letters of administration, then examines the gaps created between the law and practice of probate in Edo State with a view to making a case for a paradigm shift to bridge the gaps by advocating a more pragmatic best practice in this regime of law. This paper adopts the doctrinal method of research and relies on existing literature, desk-top reviews, statutes, case law authority and other relevant documents on probate matters.
