Administrator General Law

1. Citation and application (1) This Law may be cited as the Administrator-General Law. (2) This Law shall apply to any estate in respect of which a grant of probate or letter of administration may be granted by the High Court or Customary letters of Administration granted by the appropriate Customary Court.

2. Interpretation In this Law- "Administrator-General" means the Administrator-General of Delta State appointed under this Law and includes an Assistant Administrator-General; "Agent" means an agent of the Administrator-General duly appointed under the provisions of this Law; "Assets" means all property movable and immovable of a deceased person which is chargeable with and applicable to the payment of his debts and legacies or available for distribution amongst his heirs and next-of-kin; "Court" means the High Court; or the Customary Court which granted customary letters of administration. "Estate" means all interests in land and chattels real and all goods, chattels, moneys choses in action and other property whatsoever; "Expatriate Officer" means any person in the public service of Delta State no being a citizen of Nigeria; [No. 3 of 1976] "Federal Administrator-General" means the person Federal authority empowered to apply for grants of representation in respect of the estates in Nigeria of deceased persons; "Letters of administration" means any letters of administration, whether general with a copy of the will annexed or limited in time or otherwise; "Next-of-kin" includes a widow or widower of a deceased person or any other person, who by law would be entitled to letters of administration in preference to a creditor legatee of the deceased; "Permanent Secretary" means the Permanent Secretary of the Ministry in which deceased was employed in the public service of the State; "Property" includes goods, chooses in action, land and every kind of property whether real or personal and every kind of estate and interest present or future, vested or contingent; "Taxing Officer" means the Chief Registrar of the court or any officer duly appointed to act for such officer; "Unrepresented Estate" means- (a) the estate of every person who shall die intestate and whose next-of-kin (or where such next-of-kin is a minor, his guardian) shall be unknown or shall be absent from Nigeria without having an attorney therein or, if in Nigeria and known, shall have refused or neglected for a period of three months after the death of the deceased to apply to the court for letters of administration; (b) the estate of every person who shall die having made a will, when owing to any cause it shall be necessary to appoint an administrator cum testamento annexo or de bonis non of such estate and the person entitled to such letters of administration shall be unknown or shall, if in Nigeria and known, refuse or shall neglect for three months after the death of the testator to apply to the court for such letters of administration or shall be absent from Nigeria without having an attorney therein; (c) Every estate whereof the executors or administrator shall be absent from Nigeria without having an attorney therein; and (d) Every estate where the deceased has named the Administrator General as the sole executor of his will: Provided that no estate in respect of which a grant of representation has been made to a consular officer under the provisions of section 2 of the Consular Convention Act, shall be deemed to be an unrepresented estate.

3. Appointment (1) The Public Service Commission shall appoint a suitable legal officer not below the rank of Chief Legal Officer or so qualified on the advice of the Attorney-General of the State to be the Administrator General for the purposes of this Law and as many Assistant Administrator-General as may be required. (2) The Administrator-General may hold that office together with any other office in the public service. (3) Corporation Sole - The Administrator-General shall be a corporation sole by the name of the Administrator-General of the Delta State of Nigeria and shall have perpetual succession and an official seal and may sue and be sued in his corporate name but any instrument Sealed by him shall not by reason of his using a seal be rendered liable to a higher stamp duty than if he were an individual. (4) Appearance in Court - The Administrator-General shall be entitled to appear in court either in person or by counsel or any person duly authorised in that behalf by the Administrator-General in any proceeding to which he is a party.

4. Limitation of the liability of the Administrator-General (1) Neither the Administrator-General nor his agent shall be liable for any act done by him bona fide in the supposed and intended performance of his duties under this Law unless it shall be shown that such act was done not only illegally but also wilfully or with gross negligence. (2) Without prejudice to the generality of the provisions of the foregoing subsection where the estate of any deceased person is being administered by the Administrator General neither he nor his agent shall be personally liable to any person in respect of an asset in the possession of the deceased person at the time of his death which are deal with by the Administrator-General or his agent unless the Administrator-General or his agent shall have knowledge by actual notice or otherwise, before such assets are deal with, that the same were not in fact the property of the deceased person whose estate is being so administered. (3) Nothing in this section shall be deemed to restrict the provisions of section 16.

5. Liability of the Government The revenues of the Government shall be liable to make good all sums required to discharge any liability which the Administrator-General, if he were a private administrator, would be personally liable to discharge except when the liability is one to which neither the Administrator-General nor any of his agents has in any way contributed, or which neither he nor any of his agent could by the exercise of reasonable diligence have averted, and in either of those cases the Administrator-General shall not, nor shall the revenue of the Government, be subject to any liability.

6. Non-liability of Administrator-General and Government in certain cases When the death is proved to the satisfaction of the Administrator General- (a) By a certified copy of a register of deaths; or (b) By a certificate of the National Population Commission; or (c) By a certificate of a Permanent Secretary, neither the Administrator-General nor the Government shall be liable for any loss incurred through a fraudulent misrepresentation or innocent misrepresentation concerning the death in question.

7. Sale of goods of third party If during the administration of an estate by the Administrator General there are sold by the Administrator-General or any agent on his behalf any goods or chattels belonging to a third party the amount realised by such sale shall be paid over to the owner upon proof by him of such ownership unless the same shall have already been applied in payment of the debts of the deceased or shall have been distributed in the ordinary course of administration whilst the Administrator-General or his agent was in ignorance or without actual notice of the claim of such person to the goods or chattels sold.

8. No security or oath required from Administrator-General (1) The Administrator-General shall not be required to verify, otherwise that by his signature, any petition presented by him under the provisions of this Law, and if the facts stated in any such petition are not within the Administrator-General?s own personal knowledge, the petition may be subscribed and verified by any person competent to make the verification: Provided that the facts stated in the reports of administrative officers to the Administrator- General, shall, for the purposes of this section, be deemed to be within the personal knowledge of the Administrator - General. (2) The Administrator-General shall not be required to enter into any administration bond, or to give other security to the court on the grant of any letters of administration to him by that name.

9. Sole executor The Administrator-General may be appointed the sole executor of any will.

10. Grant of Administrator-General by title All probates and letters of administration granted to the Administrator-General shall be granted to him by that name, and shall be deemed to include his successors in office and shall authorise the Administrator-General to act as executor or administrator, as the case may be, of the estate to which such probate or letters relate.

11. Effect of grants or resealing of grants to Administrator-General (1) Probate or letters of administration granted by the court to the Administrator General shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts, and all persons delivering up such assets to the Administrator-General, or to his agents duly appointed in accordance with the provisions of this Law. (2) Effect of grants or resealing of grants to Federal or state Administrator-General - Probate or letters of administration granted to the Federal Administrator-General or to a State Administrator-General by the court, or such a grant by any other High Court re- sealed by the court, shall be conclusive as to the representative title of the Administrator- General to whom such grant shall have been made against all debtors of the deceased and all persons holding assets within the State and shall afford full indemnity to all debtors paying their debts and all persons delivering up assets within the State to such Administrator General or to an agent duly appointed by him under the provisions of any written law relating to the appointment of the Federal Administrator-General or State Administrator general as the case may be. (3) For the purposes of this section “State Administrator-General” means the State authority empowered by the legislature of any State to apply for grants of representation in respect of the estate of deceased persons.

12. Entry of Administrator-General on books of the company not to constitute notice of a Trust The entry of the Administrator-General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to enter the name of the Administrator-General on its register by reason only that the Administrator General is a corporation, and in dealing with assets the fact that the person dealt with the Administrator-General shall not of itself constitute notice of a trust; Provided that the Administrator-General shall not be personally liable for any claim as a contributory.

13. Administrator-General to petition Court. The Administrator-General may, whenever he shall become aware of any estate or assets of any estate within the State which he shall consider unrepresented, present a petition to the court in the form set out in the Schedule to this Law, stating the particulars of such estate or assets and praying for the grant of probate or of letters of administration of same and the court shall, upon being satisfied that such estate is unrepresented, make such order accordingly, and thereupon the Administrator-General shall forthwith cause an inventory to be made of the estate or assets and file the same in the court: Provided that the Administrator-General shall not petition the court in respect of any estate for the administration of which other special provision is made by any legislature in Nigeria.

14. Entering on Estate before grant The Administrator-General shall, if he thinks fit to do so, immediately on becoming aware of any such unrepresented estate as aforesaid and before obtaining a grant of probate or of letters of administration of the same, enter upon the estate for the purpose of sealing up or making such other dispositions for the security of such estate as he deem necessary.

15. Application for grant within one month of death of deceased Nothing in this Law shall be deemed to preclude the Administrator General from applying to the court for a grant of probate or letters of administration in any case within a period of one month from the death of the deceased.

16. Uncertainty as to succession (1) Whenever - (a) any person dies leaving assets within the State and the court is not satisfied that there is any person immediately available who is legally entitled to succession to such assets, or that danger is to be apprehended of misappropriation, deterioration, or waste of such assets before it can be determined who is legally entitled to the succession thereto, or whether the Administrator-General is entitled to a grant of probate or of letters of administration of the estate of such person in respect thereof; or (b) the agent in charge of any assets in the State belonging to any person not residing in Nigeria or belonging to a company not incorporated in Nigeria dies without leaving any responsible person in charge thereof, the court may, upon the application of the Administrator-general or any person interested in the assets or in the due administration thereof, direct the Administrator- General to collect and take possession, of the assets and to hold, possess, realised and dispose of the same according to the direction of the court, and in default of any such directions to the provisions of this Law so far as the same applicable to such assets. (2) Any order of the court made under the provisions of this section shall entitle the Administrator-General: (a) To maintain any suit or proceedings for the recovery of such assets; (b) If he thinks fit to apply for a grant of probate or of letters of administration of the estate of such deceased person; (c) to retain out of the assets of the estate any fees chargeable under rules made under this law and to reimburse himself for all payments made by him in respect of such assets which private administrator might lawfully have made.

17. Grants to person appearing If in course of proceeding to obtain a grant of probate of letters of administration under the provisions section 13, section 15 or section 16 any person appears and establish his claim- (a) To probate of the will of the deceased; or (b) To letters of administrations as next-of-kin of the deceased, and gives such security as may be required of him by law, the Court shall grant probate of the will or letters of Administration accordingly, and shall award: the Administrator General the costs of any proceedings taken by him, under those sections, to be paid out of the estate as part of the testamentary or intestate expenses thereof.

18. Grant to Administrator-General notwithstanding If in the course of the proceedings to obtain a grant of probate or of letters of administration under the provisions of section 13, section 15 or section 16, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next of kin the deceased within such period as the court deems reasonable, or if a person who has established his claim to a grant of letters of administration as next- of -kin of the deceased fails to give such security as may be required of him by law, the court may grant probate or letters of administration to the Administrator – General.

19. Transfer by private executor or administrator to Administrator-General. Where any private executor or administrator has, with the consent of the Administrator ? General by instrument in writing under his hand, notified in the State Gazette or a national daily newspapers circulating in the area where the estate is situated where the assets of the estate vested in him to the Administrator General in accordance with the provisions of section 30 of the Administration of Estate Law, the Administrator-General shall have the rights which he would have had and be subject to the liabilities to which he would have been subject if the probate or letters of administration, as the case may be, had been granted to him by that name as at the date of such transfer. Cap. A1

20. Revocation of grant to Administrator-General If an executor or next-of-kin of the deceased who has not been personally served with a citation, or who has not had actual notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the court a claim to probate of a will or to letters of administration in preference to the Administrator General, any letters of administration granted in accordance with the provisions of this Law to the Administrator-General may be revoked, and probate or letters of administration may be granted to such executor or next- of-kin, as the case may be: Provided that letters of administration granted to the Administrator-General shall not be revoked for the cause aforesaid upon the application of the next-of-kin of the deceased, unless such application be made within six months after the grant to the Administrator General and the court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made.

21. Costs of Administrator-General on revocation of grant If any letters of administration granted to the Administrator-General in accordance with the provisions of this Law are revoked, the court may order the costs of obtaining such letters of administration and the whole or any part of the fees which would otherwise, have been payable under this Law, together with the costs of the Administrator-General in: any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator-General out of the estate: Provided that nothing in this section shall effect the provisions of section 16 (2)(c).

22. On revocation of previous acts of Administrator-General voidable not void If any letters of administration granted to the Administrator General in accordance with the provisions of this Law are revoked, the same shall, so far as regards the Administrator General and all persons acting under his authority in pursuance thereof, be deemed to have been valid, except as to any act done by such Administrator-General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void: Provided that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator-General or any person acting under his authority in pursuance of such letters unless within the period of one month from the time of giving such notice proceedings are commenced to prove the will or to cause the letters to be revoked and such proceedings are prosecuted without unreasonable delay.

23. Payment made by Administrator-General prior to revocation of grant. If any letters of administration granted to the Administrator General in accordance with the provisions of this Law are revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed all payments made or acts done by or under the authority of the Administrator-General, in pursuance of such letters of administration prior to revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed shall be deemed valid notwithstanding such revocation.

24. Notice to creditors and beneficiaries. (1) The Administrator-General shall cause advertisements to be published in the State Gazette, any national newspaper circulating within the area where the estate is situated and in such other manner as he shall deem expedient, calling upon the creditors of the persons whose estates he administers and other persons beneficially entitled thereto to come in and prove their claims before him within such period as he may specify. (2) Forms of Claims - The Administrator-General may require that any claim filed by a creditor or a claimant shall express the name and place of abode of the creditor or claimant, the origin of the debt or claim, the degree or class of such debt and the particulars and exact amount thereof, verified by affidavit, and there shall also be annexed to every such claim the documents purporting to be evidence thereof; he may also require any claimants to make an affidavit in the prescribed form setting forth particulars concerning the persons beneficially entitled to the estate according to the best of their knowledge and ability. (3) Wages due to deceased to be paid by persons responsible - A notice published in the State Gazette in accordance with the provisions of this section shall be deemed to be a notice to any person responsible for the payment of wages or salary to the deceased.

25. Disposal of assets received Where the Administrator-General is administering an estate and he receives assets which at the time of the death of the deceased, were situated outside the State such assets shall be treated in the same manner as assets within the State at the time of death.

26. Barring of Claims (1) When the Administrator-General has given the prescribed notice for creditors and others to send in their claims against the estate of the deceased, he shall at the expiration of the time therein named for sending in claims be at liberty to distribute the assets or any part thereof in discharge of such lawful claims as he has notice of. (2) He shall not be liable for the assets so distributed to any person of whose claim he had no notice at the time of such distribution. (3) No notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator-General shall affect him, unless proceedings to enforce such claim are commenced within two months after notice of rejection or disallowance of such claim has been given and unless proceedings are prosecuted without unreasonable delay. (4) In computing the period of limitation, if any, for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor to the Administrator-General and the date of the final decision of the Administrator-General on such claim shall be excluded.

27. Costs of Administrator-General If any suit be brought by a creditor against the Administrator General, such creditor shall be liable to pay the costs of the suit unless he proves that no less than one month previous to the institution of the suit he had applied in writing to the Administrator General, stating the Amount and other particulars of his claim, and had given such evidence in support thereof as in the circumstances of the case the Administrator General was reasonably entitled to require.

28. Power to apply to court for directions (1) The court on the application of the Administrator-General or of any person interested in the assets of an estate or in the due administration thereof may give to the Administrator-General directions as to any estate in his charge or in regard to the administration of any such estate. (2) Where a portion of an estate of a deceased person devolves according to customary law the Administrator-General may apply to a customary court-administering such Customary law for information as to how that portion of the estate should be distributed and the said portion distributed in accordance with such information shall so far as concerns the liability of the Administrator-General or the Government be deemed to be well administered.

29. Administrator-General to keep accounts The Administrator-General shall make a complete inventory of every estate which he administers and shall keep an account of all receipts, payments, and dealings with every such estate, he shall retain all letters received, and copies of all letters written by him, and all deeds, writings, and papers of or relating to such estate: Provided that the Administrator-General may, in his discretion, destroy any private papers, bills, receipts, memoranda and other similar documents of no value, which he has received along with the estate and which are not claimed by the beneficiaries, next-of-kin or other persons entitled thereto.

30. Right of interested persons to inspect Any creditor or beneficiary of an estate which is in the charge of the Administrator General shall upon payment of the prescribed fee and subject to such conditions and restrictions as may be prescribed be entitled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on payment of the prescribed fee to copies thereof and extracts there from.

31. Payment of money into prescribed bank and investment of surplus (1) An Administrator-General’s account shall be kept by the Administrator-General with such bank as may be prescribed, and all moneys received by the Administrator General in respect of proceedings under this Law shall be paid into that account. Whenever the cash balance standing to the credit of the Administrator-General’s account is in excess of the amount which in the opinion of the Administrator-General is required for the time being to answer demands in respect of the estates being administered by him the Administrator- General may deposit such cash balance or any part thereof with the Accountant General of the State or in a Government savings bank or invest the whole or any part thereof in any funds or securities in which trustees are by law authorised to invest trust funds. (2) Whenever any money so placed on deposit or invested is, in the opinion of the Administrator-General, required to answer any demands in respect of estates administered by him the Administrator-General shall thereupon withdraw the money deposited or realised from the investment, as the case may be, and place the amount received to the credit of the cash balance of the Administrator-General’s account.

32. Administrator-General to file final account. (1) On the completion of the administration of an estate, the Administrator-General shall file in court his accounts and vouchers relating to the same, together with an affidavit in verification, and after fourteen clear day’s notice has been given in the prescribed manner by the Administrator-General to all persons interested who are resident in Nigeria, setting forth the day and the hour to be appointed by the taxing officer for the passing of such accounts, the same may be examined and taxed by the taxing officer in the presence of any person who may attend upon such notice, and objection may be taken to the account, or to any item or part thereof, and the taxation may be brought under review by the court in the same manner, as near as may be, as in the case of any Proceeding in court. (2) A certificate under the hand of the taxing officer or of a judge of the court, to the effect that the accounts have been examined and found correct shall be a valid and effectual discharge in favour of the Administrator-General, as against all persons whatsoever.

33. Power to file interim account. The Administrator-General may, on giving such notice as in section 32 of this law, pass interim accounts prior to the completion of the administration.

34. Administrator-General to file interim account Where the administration of an estate by the Administrator-General is not completed within eighteen months after the grant of letters of administration the Administrator General shall unless otherwise ordered by the court file in the court an interim statement of accounts, which may be examined in accordance with the rules of court.

35. Distribution of proceeds of estate As soon as may be after the expiration of the time limited for the submission of claims in the last of the notices published in pursuance of section 26 of this Law, or after the settlement of any disputed claim, the Administrator-General shall dispose of the property of such estate in the manner following- (a) he shall reimburse himself of all such costs and charges as he may reasonably have incurred in collecting the estate; (b) he shall pay to the credit of the general revenues of the State out of the gross amount of money arising from the realisation of the estate such percentage thereof as may be prescribed by the Executive Council by rules made under the provisions of section 54; (c) he shall pay the creditors of the estate in the order and manner prescribed by law; and (d) he shall pay the balance (if any) which remains after such payments aforesaid to the persons legally entitled thereto, if known, or if unknown to the Accountant General of the State in trust for the persons entitled thereto, in accordance with the provisions of section 37.

36. Assets of person not domiciled in Nigeria, payable to executor abroad (1) When a person not having his domicile in Nigeria has died leaving assets in the State, the Administrator-General, after having given the prescribed notice for creditors and others to send to him their claim against the estate of the deceased and after having discharged at the expiration of the time therein named such lawful claims as he may have notice of, may, instead of distributing any surplus or residue of the deceased?s assets to persons residing outside Nigeria who are entitled thereto, transfer, with the consent of the executor or administrator, if any, as the case may be in the country of the domicile of the deceased, the surplus or residual to such executor or administrator for distribution to such persons: If domiciled in foreign country payable to consul - Provided that where such deceased person was domiciled in a foreign State, such transfer may be made to a consular officer of such State, whose receipt shall be a full and complete discharge to the Administrator- General in respect of the same: If domiciled in Commonwealth country payable to Government of that country - Provided further that where the person entitled to receive the residue of an estate is living in a Commonwealth country and the Government of that country is willing to pay the residue to that person the Administrator-General may, notwithstanding the foregoing provisions of this section, transfer the residue through the Accountant-General of the Delta State to the Government of the Commonwealth country in which the person entitled is living, and a written acknowledgement by the Accountant General that he has received the surplus for such a purpose shall be a full and complete discharge to the Administrator General in respect of the same. (2) The Governor may prescribe the fees payable to a consular officer or to the Governments mentioned in this section.

37. Disposal of proceeds of intestate estates without heirs or next-of-kin. (1) Whenever the Administrator-General shall have completed administration of the estate of any person who has died intestate and without known heirs or next-of-kin by paying all debts, fees, expenses and liabilities incident to the collection, management and administration of such estate, and after the passing of the accounts of such estate by the taxing officer or a Judge any sum of money remains to the credit of such estate in the Treasury, he shall forthwith publish a notice in the State Gazette announcing the completion of the administration of the estate and the passing of the accounts thereof and the amount of the residue of the estate remaining and calling upon all persons claiming to be interested in such estate on legal, equitable or moral grounds to present their petitions to the court. (2) Such petition may be presented at any time within two years from the date of the said notice, unless the court as hereinafter provided fixes a lesser period within which the petition may be presented, and no such claim shall be entertained after the expiration of two years or such lesser period of time as may be fixed by the court as aforesaid, and the hearing of the petition shall not take place until two months shall have elapsed after the expiration of the said period of two years or such lesser period fixed as aforesaid or until the petitioner shall have given two months’ notice in the State Gazette of the presentation of such petition or intention to present such petition, and if the petition has been presented and no such notice given until after the day appointed by the court. (3) (a) Where the court is satisfied upon application, either by the Administrator General or by a person who has presented a petition as provided for in subsection (1) of this section, that it is unlikely there should be any further petitions presented or that a lesser period of time will be sufficient for the presentation of any such petitions, the court may order that instead of the period of two years mentioned in subsection (2) there shall be substituted for such period such lesser period not less than six months as the court may consider sufficient. (b) Notice of any order made by the court under this subsection shall be published in the State Gazette. (4) What must be stated - Every such petition shall state the place of residence of the claimant and the grounds upon which and the description of the estate in respect of which such claim is made. (5) Service on Administrator-General - A copy of such petition shall serve upon the Administrator-General. (6) Hearing - Any person claiming to be interested in such estate may appear personally or by a legal practitioner and the respective claims of different petitioners may be heard and dealt with at the hearing. (7) Grounds of petition - The equitable or moral grounds in this section referred to shall include those arising from the illegitimacy of the deceased person whose estate shall have been administered by the Administrator-General or of his children or grandchildren.

38. Order on petition (1) If any petitioner verifies his claim by evidence to the satisfaction of the court, the court shall make such order in the premises, including any award of costs, as it shall think fit. (2) Direction to Accountant-General - The order may contain a direction to the Accountant-General of the State to pay from the sum standing to the credit of the estate in the Treasury the sum awarded to any claimant or petitioner by such order or any debt appearing to the claimant or petitioner by such order or any debt appearing to the court to be then outstanding and due from the estate.

39. Rival claims to residue Where two or more persons shall lay claim to any such estate or residue, the Administrator-General may pay the same into court and notify the claimants and the court may with the consent of the parties dispose of their claims by determining the same in summary manner, and may make such order therein with regard to the costs and all of the matters as the circumstances may require. Where the parties do not consent, they shall thereof having been made or granted by the court, shall be transferred, in the proceed to obtain a decision of their claims according to the ordinary course of law.

40. Assets unclaimed for five years. (1) All sums paid by the Administrator-General to the Accountant General of the State in accordance with section 35 or paid into court in accordance with section 39, and which remain for a period of five years or upwards without any application for payment prescribed manner, to the account and credit of the Government of the State: Provided that the foregoing provision shall not authorise the transfer of such sums as aforesaid if any suit or proceeding is pending in respect thereof in any court. (2) If before the end of such period of five years it is claimed and proved by the Government to the satisfaction of the court that any sums so paid by the Administrator- General to the Accountant-General are bona vacantia, then such sums shall at once become the absolute property of the Government but shall be subject to the power of disposal conferred on the Government by section 41.

41. Power of Governor to dispose of same. It shall be lawful for the Governor to dispose of or distribute either the whole or any part of any assets transferred to the Government under the provisions of section 40 or otherwise to or among any kindred of the deceased or any other such persons in such shares or manner as he shall think fit, regard being had to any equitable or moral claims.

42. Fees There shall be charged in respect of the duties of the Administrator-General such fees as may be prescribed.

43. Expenses (1) Any expenses which might be retained or paid out of any estate in the charge of the Administrator General, if he were a private administrator of such estate, shall be so retained and paid and the fees prescribed under section 42 shall be retained and paid in like manner as an addition to such expenses: Provided that fees of court payable under any Law or rule of court made there under, shall not be charged, paid or collected, in respect of estates administered by the Administrator- General under section 51. (2) Fees, charges and reimbursements to be retained or paid by the Administrator General shall have priority over all debts of the deceased and may be deducted from any moneys received by the Administrator-General in the course of administration.

44. Right of Administrator-General to costs. When the court shall order the costs of the proceedings to which the Administrator General is a party to be paid otherwise than out of the estate of a deceased person which is administered by the Administrator-General, the Administrator General shall be entitled to charge ordinary costs, whether he has appeared in person or not; and such costs shall be credited to the general revenue of the State.

45. Duties of Permanent Secretaries to notify deaths. (1) It shall be the duty of the Permanent Secretary to inform the Administrator-General of his ex officio agent forthwith of the death of any expatriate officer of his Ministry. (2) Administration of estate by Administrator-General - Where an expatriate officer dies intestate or leaving a will but without having appointed an executor who is within the State and able and willing to take probate and without leaving any widow or next-of-kin within the State who is able and willing to take probate or letters of administration as the case may be, his personal estate shall be administered by the Administrator General. (3) Ex-officio agent of Administrator-General - If any such expatriate officer as aforesaid dies leaving property in the State then the Chairman of the Local Government Council in which such property is left shall be ex-officio agent of the Administrator-General in the administration of the estate of such deceased: Provided that such Chairman may appoint with his consent any other person to act as such agent in his place.

46. Limitation of Administration. (1) The administration of such estate by the Administrator General shall be limited to the collection and realisation of the assets of the deceased within the State, the payment of his funeral and testamentary expenses and debts within the State, and the payment of the balance into the Treasury to the credit of the legal personal representative of the deceased. (2) Notice by agent - The agent shall as soon as possible give notice to the Administrator-General of the death of the deceased and of the fact that he is provisionally administering the estate. (3) Duties of agent - The duties of the agent shall be limited to the collection and realisation of the assets of the deceased within the jurisdiction of the agent, the payment of funeral and testamentary expenses and debts within the State, the payment of the balance into the Treasury to the credit of the estate of the deceased, and the rendering of his accounts verified by affidavit to the Administrator-General. (4) Notice to creditors and proof of claims - The Administrator –General and every agent shall take such steps as may be possible to advise creditors of the estate being administered to send and make their claims, and may, if he thinks fit, require that any claim be supported by an affidavit of the person making the same, or of any person being cognisant of the facts relating thereto.

47. Collection of assets. The Administrator-General and any agent may request any responsible Government official to take possession of and realise any assets, or to pay any debts situated and being or owing in any place other than that in which the Administrator-General or agent is residing or usually stationed.

48. Certain articles to be sent to Crown Agent Where the estate is solvent any watch, jewellery, letters or other property of the deceased which, in the opinion of the Administrator-General, ought not to be sold shall be securely packed and forwarded to the recognised agent of the country of the deceased for delivery to the legal representative of the deceased.

49. Rendering of accounts and order of court. (1) Upon the completion of the administration of the estate, the Administrator-General shall file in the court his accounts and those of the agent, if any, and the vouchers relating thereto together with an affidavit or affidavits in verification. The court shall, on passing such accounts, order the net balance due to the estate to be lodged with the Accountant - Genera1 of the State with a view to being paid to the recognised agent of the country of the deceased on behalf of the legal personal representative of the deceased. (2) The Administrator-General shall, on receipt of the order of the court send to the Governor a copy of the said order, of the accounts as finally passed by the court and the vouchers relating thereto, and of the affidavit or affidavits in verification, together with a request that the recognised agent of the country of the deceased may be instructed accordingly. (3) If at any time subsequent to the filing of accounts and vouchers as aforesaid there shall be brought to the knowledge of the court the existence of assets or of claims against the estate of the deceased which were unknown to the Administrator-General or not included in the accounts at the time of such filing the court on being satisfied by affidavit or otherwise of the existence of such assets, or of the validity of such claims, may order that the accounts be amended as circumstances may require, and pass the amended accounts accordingly.

50. Change of administration may be ordered by the court. (1) Notwithstanding the provisions of section 45 it shall be lawful for the court, on application being made to it for the purpose, or of its motion, to order that the Administrator-General shall cease to administer any estate. (2) Any such order shall be made on such terms as the court shall think fit, and the court may by the same or another order name some other person to act as administrator.

51. Power to administer where assets exceed N50,000. (1) Notwithstanding anything contained in this Law or in any other enactment, whenever any person shall die intestate, leaving property or assets within the state the gross value of which does not exceed Fifty thousand naira, the Administrator-General may by notice in the State Gazette or any national daily newspaper circulating in the area where the estate is situated (which may be combined with a notice to creditors and others) advertise his intention to administer the estate under the provisions of this section, and at the expiration of the time limited by such notice he may apply to the court for leave to administer the estate. Provided that where the gross value of the estate does not exceed Fifty Thousand naira the Administrator-General may dispense with a notice in the State Gazette. (2) The Administrator-General shall not under the power conferred by this section undertake the administration of an estate if there has been any previous appointment of an Administrator under any enactment or if there has been any previous grant of probate of the will of the deceased or of letters of administration of his estate, unless and until such appointment or grant has been revoked. (3) It shall not be obligatory on the Administrator-General to file in court his accounts or vouchers in respect of an estate administered under this section unless he is required to do so by a beneficiary or creditor of the administration, and receives payment or such sum the Administrator-General may reasonably require to cover the costs of preparing, filing and passing the accounts. (4) The Administrator-General shall give notice in the prescribed manner to all persons interested that he has completed the administration of the estate. A beneficiary or creditor shall call on the Administrator-General to give an account under subsection (3) of this section within one month of such notice being given. (5) The Administrator-General shall have full power to settle finally and without appeal all disputes and questions which any arise in the course of an administration by him under this section, including claims by creditors, but may, if he thinks fit, allow an appeal to the court or may himself apply to the court for directions. (6) In settling such disputes or questions, the Administrator General may, if he thinks it expedient in the interests of justice or with a view to saving expense, act on information which appears to him to be credible though it is not legal evidence.

52. Power to remit fees in estate not exceeding N50,000. Notwithstanding anything contained in this Law or in any other enactment, whenever estate shall be administered by the Administrator-General under the provisions of section 51 it shall be lawful for the Administrator-General to remit all fees and costs usually payable upon an administration by the Administrator-General, and to substitute therefore a fee calculated in accordance with rules made in that behalf by the Executive Council under the provisions of section 54.

53. Order of court equivalent to a decree Any order made under this Law by the court shall have the same effect as a decree.

54. Power to make rules. (1) The Executive Council may make rules for carrying into effect the objects of this Law and for regulating the proceedings of the Administrator-General. 1976 No. 3. (2) In particular and without prejudice to the generality of the foregoing power such rules may- (a) provide for the accounts to be kept by the Administrator General; (b) provide for the notices to be given by the Administrator General and the method of service; (c) prescribe forms, scales of fees and any matter in this Law directed to be prescribed; or (d) define the powers and liabilities of agents, appoint such persons as may be thought advisable to be ex-officio agents, fix the amount of security to be given by agents and the remuneration to be allowed to them whether by way of fees or salary, and generally regulate their duties.

55. Power to Administrator-General to appoint agent (1) The Administrator-General may appoint such person or persons as he shall think fit to act as his agent or agents for the preservation of the assets under section 16 or in the managing, collection and getting in of the assets, and in payment of the liabilities and the distribution of the assets of the deceased persons whose estates are in the course of administration by him. (2) Any agent appointed under subsection (1) shall in all respects act in such matters under the direction of the Administrator-General, who shall not be answerable for any act or omission of any agent not in conformity with such direction, or which shall not have happened by the Administrator-General’s own fault or neglect. (3) Security - Every agent shall find security, to the satisfaction of the Administrator- General, for the performance of his duty. (4) Remuneration - Agents other than agents appointed in accordance with the provisions of section 45 may be remunerated either by salary or such fees as the Administrator-General with the approval of the Attorney General may decide.

56. Powers to administration oath. The Administrator-General may administer oaths, take solemn affirmations and declarations and whenever he desires, for the purposes of this Law, to satisfy himself regarding any question of fact examine upon oath any person who is willing to be so examined by him regarding such question.

57. False evidence Whoever in any matter affecting the administration of an estate makes upon oath a statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a judicial proceeding.

58. Resident may take charge of assets. In the case of deceased persons having assets in Nigeria, the chairman of the local government in which such assets are situated may, when he shall deem it advisable for the protection of the estate, take possession thereof, and in such case he shall forthwith report his action to the Administrator-General, who shall give such directions and take such proceedings in the matter as he shall think fit.

59. Wages or salary not exceeding N 1200.00 may be paid to relatives of deceased in certain cases In case any person employed in the service of any Government department or of a Local Government Councillor any government or agency shall die leaving any sum of money not exceeding one thousand two hundred naira due to him as wages, salary, gratuity or otherwise, and probate of his will or letters of administration be not produced to the officer responsible for the payment of the said sum; or if notice in writing of the existence of a will and intention to prove the same or notice of intention to take out letters of administration be not given to the said officer within the period of two months from the death of such person employed as aforesaid; or if such notice be given but such will be not proved or letters of administration be not taken out and the probate or letters of administration (as the case may be) produced to the said officer within the period of four months from the death of such person; the officer may after such period of two or four months, as the case may be, pay the sum due as aforesaid, at his discretion, to the widow and relatives of the deceased person or anyone or more of them and shall thereupon notify the Administrator General accordingly.

60. Annual report of Administrator-General. The Administrator-General shall furnish to the Governor as early as possible in each year a statement showing the amount of money received, paid and expended in each case, estates being administered and administered by him during the previous year.

61. Rights and liabilities of Administrator-General. Subject to the provisions of this Law, the Administrator General shall, in the administration of the estate of a deceased person, have all the rights and be subject to all the liabilities conferred or imposed upon the personal representative of a deceased person by the Administration of Estate Law: Provided that the provisions of subsection (2) of section 38 of that Law shall not apply to the administration of any estate by the Administrator-General.

62. Saving (1) Where the administration of any estate has been commenced under the provisions of any other enactment such administration shall notwithstanding the provisions of this Law be carried out in accordance with the provisions of such other enactment: Provided that where a person shall have died intestate without known heirs or next of-kin, the provisions of this Law shall apply to the distribution of the residuary estate notwithstanding that the administration of the estate has been commenced under the provisions of any other enactment: Provided also that the provisions of this Law relating to the Administration of the estate of any deceased person by the Administrator-General shall not apply - (a) in the case of any estate in respect of which the Federal Administrator-General shall have commenced to function at the date of the commencement of this law and in respect of which he is willing to continue to function; or (b) in the case of any estate which it is agreed between the Administrator-General, Federal Administrator-General can more conveniently be administered by the Federal Administrator-General; or (c) in the case of any estate in respect of which the Administrator-General of any state in Nigeria shall have commenced to function as at 27th August, 1991 and in respect of which he is willing to continue to function. (2) Nothing in this Law shall in any way affect the estate of a seaman to whom the provisions of the Merchant Shipping Act, 1962 apply. ADMINISTRATOR GENERAL LAW FORM OF PETITION FOR A GRANT OF LETTERS OF ADMINISTRATION To the Chief Judge of the Delta State of Nigeria: The petition of the Administrator-General humbly showeth: That your petitioner has been informed and believes that A.B., late of .... died on the ... day of .... 20 .... (state why the property of the deceased is "unrepresented estate"). And the said A.B. died possessed of property in the State. Your petitioner therefore prays Your Honorable Court will be pleased to order that a Grant of Probate be made or Letters of Administration do issue (as the case may be) to him to administer the estate of the said A.b. deceased. Dated this.... day of .... 20 ... ................ Administrator-General