Probate and Letters of Administration in Ghana: How to Access a Deceased Person’s Property
Learn how to apply for Probate and Letters of Administration in Ghana. This guide explains the legal process, documents required, and steps to access a deceased relative’s assets.
Losing a loved one is hard enough without the added stress of figuring out how to manage their estate. In Ghana, whether the deceased left behind a will or died intestate (without a will), you must go through a legal process to take control of their assets. This is where Probate and Letters of Administration in Ghana come into play.
If you’re wondering how to gain access to a deceased relative’s bank accounts, land, or other property, this guide explains the process clearly and in plain language.
What Is Probate?
Probate is the legal process you must follow when someone dies with a valid will. The purpose of probate is to confirm that the will is authentic and to formally appoint the person named in it (the executor) to manage the estate.
To obtain probate, the executor must apply to the High Court, usually in the region where the deceased lived.
What Are Letters of Administration?
If the deceased did not leave a will, the family or a close relative must apply for Letters of Administration. This legal document gives the applicant the authority to administer the estate on behalf of all beneficiaries.
Like probate, this is done at the High Court, and it requires you to list all the properties and surviving relatives of the deceased.
Why Are Probate and Letters of Administration Important?
Banks, the Lands Commission, the DVLA and other institutions in Ghana will not allow access to a deceased person’s assets unless you present either:
A Probate Certificate (if there was a will), or
Letters of Administration (if there was no will) or
- Probate with will annex
Without these documents, you cannot legally sell, transfer, or use any of the deceased’s properties.
Who Can Apply for Probate or Letters of Administration?
Probate: The executor(s) named in the will.
Letters of Administration: Usually the spouse, child, Head of family or close relative of the deceased. Ghanaian law requires at least two administrators in cases where the deceased left no will.
Steps to Apply for Probate and Letters of Administration in Ghana
Obtain the Death Certificate from the Births and Deaths Registry.
Search for a Will. If one exists, attach it to the application for probate.
Complete the Probate or Administration Forms, including:
Affidavit of Executor/Administrator
Affidavit of Assets and Liabilities
Particulars of surviving family
File the Application at the Probate and Administration Division of the High Court for a grant.
Publication in the Gazette (21 days) to allow objections or claims.
Grant Issued: After the waiting period and if no objections are raised, the court grants Probate or Letters of Administration.
What If There Is a Dispute?
Family disputes are unfortunately common. If multiple people claim the right to administer the estate, the court may:
Appoint neutral administrators
Decide based on priority under Ghanaian succession law
Require parties to resolve the matter before continuing the process
The Law Behind It
In Ghana, the main statute governing these matters is the Administration of Estates Act, 1961 (Act 63). This Act sets out:
Who can apply for probate or administration
How the estate is distributed if there is no will
The rights of surviving spouses, children, and other family members
What Happens After Probate and Letters of Administration Are Granted?
Once you receive the grant, you can:
Access bank accounts
Transfer land titles
Sell or distribute property
Pay off debts of the deceased
Distribute the estate according to the will or Ghana’s intestate succession law
How Long Does It Take?
The entire process typically takes 2 to 6 months, depending on:
Whether the documentation is complete
Whether there are any family disputes
How quickly the court processes applications
Do You Need a Lawyer?
It is not mandatory, but strongly advisable. The forms can be technical and errors may delay your application. A lawyer ensures:
Proper completion of documents
No mistakes in asset declarations
Quick resolution of objections
Smooth processing in court
Conclusion
If you’re trying to access a deceased person’s property, the process of probate and letters of administration in Ghana is essential. Understanding the steps, requirements and legal background will save your family time, stress, and potential conflict.
If you need help, our law firm can guide you from start to finish, whether there is a will or not. We handle probate applications, family negotiations, court filings, and estate transfers with professionalism and confidentiality.
Contact us today for tailored legal support.