How Much Does the L/A Cost in Ghana?
There are 3 levels of payments in the Application process. The Lawyer’s Fees, paid to your Lawyer for legal services, the Court Fees paid to the Court for filing of your documents and the Estate Duty levied by the Court on the value of the estate.
Costs of L/A in Ghana
Three (3) main types of costs involved in Letters of Administration proceedings
Court Fees
Paid to the Court
As low as GHc50 up to GHc1000+. Cost of filing legal documents in Court.
Legal Fees
Paid to the Lawyer
GHc14,000 max for GHc200,000 estate. GHc14,000 + 5% for estate greater than GHc200,0000.
Estate Duty
Paid to Court/Government
3% on the value of the estate.
Court Fees
The Administration process is done by filing legal processes at the Court. The Courts charge a filing fee for every legal process filed. The filing fee is a small charge that is levied for every document or legal process filed.
Each legal process has its charge and the charges are determined by the Rules of Court Committee. The most current filing fees are in the Civil Proceedings (Fees and Allowances) (Amendment) Rules 2014 (C.I.86).
The amount involved for each process depends on the particular type of process being filed. It may be as little as GHc50, GHc500, GHc1,000 or more.
The total amount to be paid as filing fee throughout the application process is impossible to pre-determine. This is because every case is different and may require different legal solutions. However, for a small estate with no contentions and no family disputes, about GHc500 to GHc1000 will be a reasonable budget for filing fees.
Legal Fee
The Solicitor’s fees usually depends on the size and value of the estate. In other words, a small estate will attract a smaller legal fee than a large estate. Estates smaller that GH₵200,000.00 attract a maximum legal fee of GH₵14,000.00.
It is worth noting that an experienced senior lawyer will charge more than a lawyer who is fresh out of law school. However, the charges are not arbitrary, the Ghana Bar Association determines the legal fees of lawyers and the 2022 GBA Scale of Legal Fees provides the most current guide for legal charges in Ghana. Inheritance cases are dealt with at page 8 of the Scale of Fees. These are all negotiable.
Please note that the Solicitor’s Fee is paid to the lawyer for legal services and it is separate from the fees paid to the court and other incidental fees/bills.
Estate Duty
The Law levies an Estate Duty on the estate. It is based on the value of the estate. It is approximately 1% – 3% of the value of the estate.
The Court will only release the actual Certificate (L/A or Probate) after the Estate Duty is paid.
Additional Expenses
Apart from the official costs, there are other incidental expenses. These are necessary for a successful estate administration. They are not paid to the Lawyer or Court.
These include incidental costs like transportation, and other similar costs, etc.,.
The Administrator or Executor ought to pay for all expenses out of the estate. They must settle the expenses before the distribution can take place. Therefore, it is advisable for Administrators and Executors keep receipts of payments made on behalf of the estate. This will allow them to claim the amounts involved from the estate before distribution.
The Administrator or Executor may not claim wages, salary or Income. It is only where the Administrator or Executor is a lawyer, accountant or some other Expert offering professional services that they may claim wages, salary or Income.
Need Specific Legal Guidance? The information provided in this guide is for educational purposes and does not constitute legal advice. Because inheritance laws can be complex and highly specific to your family’s circumstances, we strongly recommend consulting a qualified lawyer before making any major decisions.
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24 responses
Is there any requirement where a family head is needed during the processing of LA? The entire extended family and 2nd wife of a deceased man have refused to accept the processing of LA. The first wife and children and willing to do so, can the first wife and children go ahead without the second wife and family?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. There is no law that requires the participation of the Head of Family in an application for LA. Most of the Judges require it though.
What is the authority for the 1-3% estate duty.
All fees charged by the various courts are governed by the Civil Procedure (Fees and Allowances) Rules CI 55 as amended by Civil Procedure (Fees and Allowances) Amendment Rules CI 86. (See Schedule under Circuit and High Courts – Probate and Administration)
What is the authority for the 1-3% estate duty that is to be paid before the LA or probate are released by the court
All fees charged by the various courts are governed by the Civil Procedure (Fees and Allowances) Rules CI 55 as amended by Civil Procedure (Fees and Allowances) Amendment Rules CI 86. (See Schedule under Circuit and High Courts – Probate and Administration)
Hi Please what if you realized that the deceased(mother) family wants to take over the estate like bank and house, does not want us children to do a filing. Can I apply without the family?
Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject. It is better if the family agrees and works together, but if there is no unity amongst the family members, then the one who is highest on the list can apply and the Court will take a decision.
In case there is no estate and no contention. Is it really required to have an L/A to access deceased bank account? Does it also warrant same procedure?
Yes, where the only property in the estate is money at bank, or insurance claim or any other financial instruments, the law still requires L/A. Most banks and financial institutions will require L/A before granting you access to the deceased’s account. Note that it is a criminal offence to access the deceased intestate’s bank accounts or other money without first obtaining L/A.