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Inheritance & Estates Administration in Ghana

This guide explains the process and costs involved in applying for Letters of Administration and Probate in Ghana.

Letters of Administration (L/A), What is it?

The Courts will issue Letters of Administration when a person dies without making a Will. The Court will only grant the L/A to a qualified person.

The person who is granted L/A becomes the Administrator of the estate. This means that he has the right to act on behalf of the deceased person. The Administrator has access to all the properties of the deceased.  He must deal fairly with the estate and share the properties in accordance with PNDCLaw 111.

You can purchase a copy of the PNDCLaw 111 here.

Probate

The Courts will issue Probate to an Executor when a person dies leaving a valid Will. The Executor is the person selected to represent the deceased person.

The Probate is a certificate which authorizes the Executor to act on behalf of the deceased person. The Executor must settle the debts of the deceased and he has access to the bank accounts and all other properties of the deceased. The Executor must share the property in accordance with the Will.

Who Can Get Letters of Administration or Probate?

Administrators (L/A)

When the Court issues letters of administration to a person, that person becomes the Administrator of the deceased’s estate.

The Court will only grant letters of administration to the Spouse, Child, Parent or Customary Successor of a deceased person. This is a hierarchy, that is to say, the most qualified is the spouse and the least qualified is the customary successor.  However, it is possible for the Court to appoint two or more Administrators at the same time.

The lawfully appointed Administrator has access to the entire estate of the deceased including bank accounts, buildings, cars, etc.,. He must deal honestly and fairly with the estate and distribute the properties in accordance with PNDCLaw 111.

Surviving Spouse

The first priority on the hierarchy is the Surviving Spouse. Consequently, only the legally married wife or husband of the deceased is recognized as a Surviving Spouse to be an Administrator. The law will recognize an Ordinance Marriage, Customary Marriage or Mohammedan Marriage as a legal marriage. However, Divorcees, Boyfriends, Girlfriends, Concubine, etc., are all excluded.

Surviving Child

Where the Spouse is not available or unable to apply for L/A, then the Surviving Children have the second priority to apply for L/A.

The surviving children are the biological or legally adopted children of the deceased. This means that Nephews, Nieces, Cousins etc., are all excluded unless they were legally adopted by the deceased.

Surviving Parent

The biological or legal adoptive Parents of the deceased are the Surviving Parents and may apply for L/A. They have the third priority if the Spouse and Children are not available or unable to apply for L/A.

Customary Successor

The Law also allows the Customary Successor of the deceased to apply for L/A. The family of the deceased appoints a Customary Successor in accordance with the Customary Law and culture of the tribe that the deceased belonged to.  Where the Spouse, Children and Parents are unable to apply for L/A, the Customary Successor has the fourth priority to apply.

Administrator General of Ghana

In some special circumstances, the Court will appoint the Administrator General of Ghana as Administrator of the estate of a deceased person.  The most basic example is where a person dies and there are no surviving relatives, the Court will grant the L/A to the Administrator General. The Administrator General is a Public Officer at the Registrar General’s Department.

The Court may also appoint the Administrator General as a neutral, independent Administrator in cases where there is a dispute between the family members or where they cannot agree on the property distribution.

Executor (Probate)

A Testator is a person who makes a Will. The Testator appoints an Executor in the Will. After the Testator dies, the Executor is the one who will act on his behalf.

The Executor also has a duty to act honestly and fairly. He fulfils the desires of the deceased as stated in the Will. He must settle the debts of the deceased, handle all accounts and distribute the properties mentioned in the Will. You can learn more about Wills in our explainer here.

The Testator may appoint any adult person as an Executor of the Will. During the reading of the Will, the identity of the Executor will be revealed. He must then apply to the Court for probate or renounce Probate.

If the Executor obtains Probate, then they must proceed to act on behalf of the deceased to deal with any issues that arise and to distribute the properties in accordance with the Will. If the Executor renounces Probate, the Court will appoint an Administrator to distribute the estate in accordance with the Will.

How to Get Letters of Administration or Probate?

The Application

The Applicant must file the Application at the District Court, Circuit Court or the High Court in the area where the deceased had his place of residence.  There are several exceptions to this rule, so please consult your lawyer to assist you determine the appropriate Court to bring an Application for L/A or Probate.

Supporting Evidence

The Applicant must prove the death of the deceased person. A Death Certificate endorsed by a licensed doctor is sufficient proof of death. In the absence of a Death Certificate, the Court may accept a burial permit or other similar evidence.

The Court will also require proof that all the qualified persons and beneficiaries are aware of the Application. The Applicant needs to show that he or she is not secretly applying behind the backs of the family members.

There must be an inventory of the properties of the deceased person. This is usually a list of all the deceased’s persons property, including houses, land, cars, bank accounts, farms, etc.,

The Administrator or Executor will also swear an oath to distribute the estate in accordance with the requirements of the law.

The Judge will grant the Application if it satisfies the legal requirements.

Notice To The Family

The Judge may direct a Court Bailiff to paste a notice at the residence of the deceased for up to 21 days. This will let the family and beneficiaries know of the Court proceedings for Letters of Administration or Probate.

The Court will finally release the certificate (L/A or Probate) to the Applicant if no Caveat is filed within the 21 days.

Caveat (Warning)

“Caveat” is Latin for “Warning”. A Caveat is a legal process. A person who files a Caveat is known as a Caveator. Where a person has an interest in a property which is under administration, they can file a Caveat to challenge the Application for Letters of Administration.

For instance, if a customary successor is applying for L/A without informing the Surviving Spouse, the spouse may file a Caveat to challenge the Application.

The Caveator will have to justify the Caveat. They must give detailed reasons for challenging the Application.

If there is merit in the Caveat, the Court has power to make orders to resolve the issues raised by the Caveator. The Court will dismiss the Caveat if it has no merit.

The Application process will continue after the Caveat is resolved.

Costs Involved

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.

Lawyer’s Fees

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.

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.

Costs of Administration
Costs of Administration Infographic

Estates smaller that GH₵200,000.00 attract a maximum legal fee of GH₵14,000.00.

Estates greater than GH₵200,000.00 will attract the same legal fee of GH₵14000.00 in addition to a maximum of 5% on the remainder.

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.

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.

After Letters of Administration What Next?

The Distribution

The Administrator or Executor is required to distribute the estate. They may only do so after the grant of Letters of Administration or probate.

The PNDCLaw 111 requires an Administrator to distribute an estate in accordance with PNDCLaww 111. Check out our explanation of Property Distribution under PNDCLaw 111 to see what the Distribution percentages are.

You can purchase a copy of the PNDCLaw 111 here.

Similarly, the Executor will distribute the estate in accordance with the Will.

Vesting Assent

A Vesting Assent is a legal document. It transfers ownership from the deceased person to the beneficiaries who will inherit.

Only the Administrator or Executor may issue a Vesting Assent. A Lawyer may assist with the preparation of the Vesting Assent.

Final Steps

You may have to register the transfer of ownership with the appropriate government authorities.

For instance, The Lands Commission registers buildings and landed properties. Driver and Vehicle Licensing Authority (DVLA) registers motor vehicles. The Central Securities Depository (CSD) registers company shares and other securities.

Once you obtain Vesting Assent and register it with the appropriate government agency, then the Administration process is complete.

Thanks for reading, please share your comments below. We are always grateful for feedback.

111 Comments

  1. Mandy

    My mother is the eldest of 7 children (3 now deceased). She’s an executress / executor of her father’s will as well as a beneficiary. It appears she would need to have the property vested in all beneficiaries including herself (from what I have gleaned from the internet). She has the letter of probate too. Appreciate if you could throw some light on this and if we are on the right track. All beneficiaries are from one father, one mother.

    Furthermore, in the event that a representative is hard to obtain at this current time in Ghana, could the vesting assent process be done through correspondence and Zoom/Skype from London to Ghana perhaps with the help of an on-the-ground legal representative in Ghana?

    Thank you

    1. LexisGH

      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. After Probate has been received, the next step is for the Executor to vest the properties in the respective beneficiaries. This may be done online, and the hard copies of the Vesting Assent registered at the Lands Commission by a representative in Ghana.

      1. Mandy

        Thanks LexisGH. grateful for finding your website when I did. Clear understanding. One more question, although my mother is the executress, her brothers have been administering funds of the estate. Is there anyway of prior indemnity before the vesting process to protect her? If so, could you provide information on this otherwise, what would be the normal course of action in situations like this where intermeddling may be an issue? Thanks!

  2. Sally

    Hi

    My Dad died in the UK and my siblings and I were all born and live in the UK. He has quite a few assets in Ghana and I’d like to be able to take control on how they are handled going forward. I am his eldest daughter and next of kin. I have two questions:

    1. Can I apply for Ghanaian Letters of Administration in the UK or do I have to be physically present in Ghana?

    2. If I have obtained letters of administration in the UK, can this be used in Ghana? If so, are there any additional steps that need to be taken to make it valid in Ghana?

    1. LexisGH

      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. 1.An l/A or Probate obtained abroad can be re-sealed in Ghana. 2. It is also possible to have a legal representative in Ghana act on your behalf and obtain Probate or L/A in Ghana If you cannot be in Ghana personally to pursue this.

  3. Karl

    Thank you for this info. But how long does an administrator have to distribute the property after letters of administration have been granted

    1. LexisGH

      The distribution of the estate must begin immediately after the L/A is granted. It should take the time that is reasonably necessary to finish distributing all the properties in the estate. An Administrator who mismanages the estate or delays the distribution without just cause may be removed or replaced.

    2. Jonas

      Please my late brother has two wives and three children, the first wife is having two children and the second wife one child, l want to know who is more qualified to be made the administrator when the three of us apply for the LA?
      Thanks

      1. LexisGH

        The Court will only grant letters of administration to the Spouse, Child, Parent or Customary Successor of a deceased person.

        This is a hierarchy so the most qualified is the spouse and the least qualified is the customary successor. However, it is possible for the Court to appoint two or more Administrators at the same time.

        If there is more than one spouse, then the first one is more qualified followed by the next, if there is more than one child then the eldest is more qualified followed by the next etc.,

  4. Jess

    Thank you for this. It was very beneficial. I would like to know how long the letter of administration process usually takes. Thank you

    1. LexisGH

      The process to obtain Letters of Administration from the date of hearing the motion to finally obtaining the L/A may take approximately six (6) to eight (8) weeks.

  5. EA

    Thank you so much for this insightful piece of information. I was told I have to apply for the letter of administration before I can be given the tier 2 benefits from my late father. Do you know anything about the tier 2 process, please?

    1. LexisGH

      SSNIT will only release the benefits to the person who has been appointed Administrator of the estate.

      Please note that we cannot give you legal advice without a consultation, we can only help you to understand what the law says about a given subject.

  6. M

    Hello,

    Firstly, thank you for a very informative article. I have a few questions. I live in the UK, and have since obtained a letter of administration to my late husband’s estate. He used to live and work in Ghana many years ago. What is the process of obtaining a re-seal of my current letter of administration considering I live abroad and have no means of coming to Ghana? I have no ties to Ghana, so I feel stuck on how to proceed. I would be very grateful for any support.

    1. LexisGH

      The Ghana Law will allow you to act through a legal representative if you cannot personally be in Ghana. The person could be a close friend, relative or other trusted person. Another option would be to make official arrangements, at a cost, appear before the Court through video conferencing by Skype or Zoom or something similar.

  7. Afia

    I want to know if one needs vesting assent after a letter of administration has been issued

    1. LexisGH

      Not every property needs to be vested. However, if the property under the Letters of Administration needs to be vested, then it will be necessary to issue vesting assent. eg., Landed Property, Vehicles, etc.,

  8. Precious

    Thank you for the useful information.
    How long does the probate process usually take?

    1. LexisGH

      The probate process may take between 5 to 8 weeks from the date the Probate Application is heard in court to the date the Probate is released to the applicants.

  9. Kweku Boateng

    Hello.
    Please can a surviving spouse or child who is not nominated in a life insurance policy of a deceased make a claim in respect of the insurance policy?
    Who must bear the cost of applying for an LA?

    1. LexisGH

      If you are an adult above the age of 18 years, then you will not get a share of the insurance benefits if your name is not in the nomination form. Only adults whose names are in the nomination can get their share. But if you are a child under the age of 18years, then even if your name is not in the nomination form, the court may grant a portion of the insurance benefit for school fees, maintenance and general upkeep. The one who applies for the L/A usually bears the cost. Some families take loans and repay the loan when the L/A has been granted. These must all be agreed by the family.

  10. Jennifer Amarh

    If the deceased was not resident in Ghana and his children who have inherited the Ghana properties are not resident in Ghana, can the children sell the Ghana properties without obtaining an LA in Ghana?
    If they have to obtain an LA, can they obtain it abroad and seal it in Ghana? Will the sealing process be costly?

    1. LexisGH

      Hello Jennifer, Thanks for reaching out to us. The Ghana law will allow a person to apply for an L/A obtained abroad to be re-sealed in Ghana. The Cost involved is the same as the cost of applying for L/A in Ghana. i.e. GHC14,000 plus 5% of the value of the estate. It is not possible to lawfully sell the property of an intestate without first obtaining L/A. Only the Administrator would be able to legally transfer the property to the buyer.

  11. Aayd

    Hello, and Good Morning.
    How many stages are there in the vesting process? I assumed that at the time of vesting, the property is vested into the name of the beneficiary and that afterwards, the beneficiary can proceed to register it with the will, probate and vesting assent of said property, identified and delineated as per the contents of the will. Is that correct Ghana Law, and is the vesting process a distribution into the individual beneficiaries? OR
    is there a process where the vesting process is a two-step process WHERE THERE ARE SEVERAL BENEFICIARIES each with unequal shares (so equality is not applicable here) ie first vest as joint owners by several beneficiaries; then second, distribute and delinate the property into the beneficiaries individual names? Thanks in advance for your reply.

    1. LexisGH

      Hello Aayd, Thanks for reaching out to us. Vesting is a one step process. The property is vested into the name of the beneficiary and then they can register if that’s necessary. Where multiple beneficiaries inherit the same property, it is still the same one step process, the Vesting Assent ought to indicate the proportions of ownership if that is necessary.

      1. Ama

        Good afternoon.
        Thank you for a very clear informative article.
        I would like to know
        1. Who physically writes a Vesting Assent? The administrator(s) or a lawyer?
        2. Does it have to be on letterhead? If the administrator does not have a letterhead?
        3. Can an administrator prepare a Vesting Assent if the property is to go to him?
        4. Do stocks require Vesting Assent?

        1. LexisGH

          Please note that we cannot give you legal on this platform, we can only educate and help you to understand what the law says about a given subject. 1. It is not compulsory to use a lawyer to do a vesting assent. However, it is strongly recommended. 2. There is no prescribed design, but there are necessary or relevant details that need to be in the Vesting Assent. 3. Yes, if the administrator is a surviving spouse for instance, then they are entitled to 18.75% of the estate so they can vest into themselves. 4. Yes, stocks/shares/bonds etc are registered with the CSD and during the registration, they will require the LA and Vesting Assent in order to transfer the shares etc from the deceased to the beneficiary.

  12. Hadi Abubakar

    Please can the Administrator use Vesting Assent to seek for a loan in bank?

    1. LexisGH

      Hello Hadi Abubakar, Thanks for reaching out to us. Only the owner of a property can use it as collateral for a loan or to guarantee a loan for another person. The person who is named as owner of the property in the Vesting Assent is the one who may use it as collateral for a loan.

  13. Kwesi

    Whereas a person dies intestate who has about 11 children from different women does the grandchildren whose parents are dead benefit from the inheritance or only the surviving children benefit.

    1. LexisGH

      Hello Kwesi,
      Surviving Grandchildren do not automatically qualify to inherit the intestate. They will only qualify if they were dependent on the intestate before his demise. Only surviving children qualify automatically to inherit the intestate under PNDCLaw 111.

  14. Kwesi

    I have 2 issues that I need clarification on.
    1. Under what circumstances does one appoints the administrator general as the executor to his/her will.
    2. Where it is believed or suspected that a said Will was clandestinely made which favors 3 out of 9 children of deceased can the children of the other 6 whose parents have passed on contest The will.

    1. LexisGH

      Hello Kwesi,
      1. In most of our cases, the administrator general has been appointed by the Court. At lexisGH we have never dealt with a Testator who made the AdminGen an Executor. However, nothing stops a Testator from doing so. The AdminGen is a government office with several lawyers one or two of whom will be assigned to handle the estate when the time comes. They are qualified professionals who know their work and can be trusted to do a good job all things being equal. The AdminGen usually charges some fees for the work they do.
      2. A Will can always be contested by those who mistrust it, however, the contest may or may not succeed depending on the evidence that is produced to prove that the Will is not valid. I strongly recommend that you engage a lawyer to assist you with all legal issues.

  15. Mohammed

    Thank you very much for this education. My question is, can a bank, for any reason, decide to withhold part of the deseased person’s funds/money after an LA is presented? They tell me (the Administrator) that they can only give me the money that SSNIT paid into the deseased’s account before his demise. All the monies that came in from SSNIT (as his pension pay) after his demise will not be given to me, but will rather send it back to SSNIT. Is that the case, please?

    1. LexisGH

      Hello Mohammed,

      The deceased is only entitled to pension whilst he/she is alive. All pension paid after the date of death ought to be refunded. Usually, the banks don’t release those funds. It is unclear whether it is the bank or the Administrator who is legally responsible for refunding that pension. Usually, the banks say that they do.

  16. Osman Farouk

    Nice

  17. Ahmed

    Can a son who was given out for adoption (through court processes) apply for and be an Administrator, together with his step brother (who was given for adoption).
    In effect does adoption invalidate ones ability to become an administrator of his father’s estate?
    Thank you

    1. LexisGH

      Hello Ahmed,
      Thanks for reaching out to us. I am not aware of any case law on this unique situation so I can only give my personal view which is non-legal. I dont think the adoption of a child will invalidate their right to be an administrator of their biological father’s estate. The adopted person may have to show that there is no one else with a superior right to administer the estate.

  18. Suleiman Ahmed

    Can a some who was given out for adoption go in for a LA after the demise of his father?

  19. Daniel

    Please who can apply for a copy of L/A from the court, can it be done by anyone or lawyer……..

    1. LexisGH

      The Administrator can personally apply. If that is not possible, then it may be done through a Lawyer.

  20. Daniel

    My name is Daniel, Please I want to find out if after 20 years back a copy of L/A can be retrieve, where and the process to retrieve it………Thanks

    1. LexisGH

      Hello Daniel,
      Thanks for reaching out to us. You would have to first find out if the Administrator still has the copy, if not then the beneficiaries may have copies. You may also find out from the Court where the L/A was granted. You would have to apply to the Registrar of the Court for copies.

      1. Daniel

        Thank you very much for the concern, please I want to find out who should apply to to the court, personal or lawyer…..thanks

        1. LexisGH

          The Administrator can personally apply. If that is not possible, then it may be done through a Lawyer.

  21. Selorm

    In the case where the administrators or executors of the L/A want to sell a property(land), do they have to necessarily prepare a vesting assent to the buyer before the transaction can be completed?

    1. LexisGH

      Hello Selorm,
      Thanks for reaching out to us. There is no requirement in Ghanaian law that administrators or executors of an L/A must prepare a vesting assent to the buyer before a transaction can be completed. However, it is generally advisable to do so in order to avoid any potential disputes that may arise in the future.

  22. Delight

    Can the property given to me be valued for me to make my payment. We are 12 Children with only two boys. Majority of the estate has been given to the two boys. Now they want all of us to raise money to pay the total value of the properties. Can my part of the inheritance be valued for me to make payment for my probate?

    1. LexisGH

      Hello Delight,

      Thanks for reaching out to us. I will assume that by ‘payment’, you are refering to the estate tax. It is is usually much easier, faster and less expensive for the beneficiaries to just share the estate tax equally. However, if the beneficiaries cannot agree, then it should be possible to value the estate, and let each beneficiary pay their fair share of the tax on a pro-rated basis.

  23. Samuel

    Please my father is dead, and he has money at the bank, we are 3 and he made only me the next of kin (Beneficiary) for that money, it’s been two years since he passed away and I want to go for that money, what should I do, do I need an L/A do I need to involve my siblings who are not part of the beneficiary? And also can I go for it alone with a lawyer without involving the family because they are fighting over the other properties. Or can I change the details from my dad’s account to my name? Any help? It’s SIC insurance and they demanded for an L/A before they can give the money to me despite being the next of kin.

    1. LexisGH

      It is not possible to apply for L/A without notice to the family. During the application proceedings, the Court will give notice to the deceased’s next-of-kin and other interested persons. It is also unlawful to hide information from the Court.

      Some banks/institutions will give the money to the person(s) named in the Nomination form, although this is not always the case. Some others will give the money to the lawful administrator for distribution.

  24. Cecilia Arkoh

    That was a good one. I’ve been enlightened

    1. LexisGH

      We’re glad to hear that. Thanks

  25. John

    My name is John. My maternal grandmother died in 2008 and her cocoa farms were shared among her four male and two female children. One of the male children died intestate in 2020. In an Akan society where inheritance is matrilineal, the two female children are of the view that the farm belonging to their deceased brother be reverted to the family whereas the surviving spouse and her children are also claiming ownership of the said farm. Meanwhile the deceased had many farms as a self-acquired properties which the surviving spouse and her children have already benefitted from.
    Please, what is the position of the law in instances like this.
    Thank you.

  26. Akaa Charles

    Please in the case of apply for letters of administration can one be given information about a deceased person financial history in all the banks he or she related with , without having to know the account numbers in the application of the letters of administration or without account numbers it will be difficult for the court to access information from the deceased person banks

    1. LexisGH

      Hello Akaa Charles,

      The Court can order the Bank Manager to produce a statement of account of the deceased. It will be sent directly to the Registrar of the Court. Sometimes, the bank is able to identify the account without the account number. If the bank requires the account number, they will notify the Court.

  27. John

    In a typical Akan society in Ghana, we normally select a customary successor. Now, a chief dies ,a new chief is enstooled for the town. In a situation where a customary successor has not been chosen, can the head of the family and the surviving spouse clandestinely apply to the court to be issued with L/A without the consent of the family and other surviving children from different mothers? Should the customary successor not be selected before any application is made to be part of the entire process?

    1. LexisGH

      Hello John,

      There is no time limitation for bringing an application for L/A. It may be brought at any time after the death of the intestate. However, most people usually wait until after the final funeral rites have been concluded.

      The Court will usually require that notice of the application is given to anyone who has an interest in the estate.

  28. Naomi Akpabil

    What’s the process of changing an ownership with a will

    1. LexisGH

      Hello Naomi,

      You can learn more about transfering ownership from the deceased to the beneficiaries named in the Will by clicking here – Distribution.

      1. Kelvin Kafui

        I would to know if the estimated maximum cost of GHS14,000 is mandatory, even though you didn’t use a lawyer in providing professional services?

        1. LexisGH

          Out of the three types of costs, Court Fee, Legal Fee and Estate Duty, The Legal Fee will only be paid if you hire a lawyer to represent you and handle the case for you. If you do not hire a lawyer, then you will not pay a legal fee.

  29. Clement Abrefa

    Hello please My Dad is dead and he gave birth to two guys and the family members are taking advantage and given the house for rent he got married to two but divorced one so what should I do I want us to share my fathers properties

    1. LexisGH

      Hello Clement,

      We have responded to you by e-mail. We do not respond to personal legal cases in this comments section.

  30. Krupa Thakker

    Hello
    I have a query about what happens to any income that comes into the estate during the administration? Thanks!

    1. LexisGH

      Hello Krupa,

      If there is a Will, then it ought to be shared in accordance with the Will and if there is no Will, then it ought to be shared in accordance with PNDCLaw 111.

  31. Sebastian Chebure

    Thanks for the insightful publications.
    Please in the case of the deceased having two spouse, can only one spouse and child apply for LA without informing the families involved. Also what is the family’s role in the whole process and their benefits

    1. LexisGH

      Hello Sebastian,
      The spouses and children may agree and select one representative from amongst themselves to apply for L/A. This ought to be done with the knowledge of all the beneficiaries.

      Depending on the surviving relatives, the family will be entitled to a percentage of the estate. We have an explainer of the distribution percentages here

  32. Brown

    Hello

    Please what does it mean if the administrator states that he is only surviving child and beneficiary to the deceased in Grant of letter of Administration whiles he/she has other 6 siblings from the same deceased without sighting them in the letter.

    Does that mean the administrator stand as a head to share properties with his/her other siblings or stand alone for ownership of the properties..

    NB.. There’s misunderstanding between him and his other siblings.

    1. LexisGH

      Hello Brown,

      The Spouses, Children, Parents and family of the deceased are all entitled to their share of the estate. We have an explainer of the distribution percentages here. The administrator is required to give all the beneficiaries their lawful share.

      It is a criminal offence to lie, disclose or hide facts from the court and can lead to imprisonment, fine or both.

  33. akua

    what happens when an executor dies before probate is granted or probate is granted but property was not fully distributed and who takes over

    1. LexisGH

      Hello Akua,

      If for any reason, the Executor is unable to perform or complete their duty, an administrator will be appointed to complete the process continuing from where the Executor stopped. In this case, because there is a Will, the Administrator will be requird to distribute the property in accordance with the Will.

  34. Godwin

    Hello,
    So, can an Administrator (be a blood relation i.e. child) to the deceased; and also be able to issue a vesting accent to himself/herself if he’s is the only surviving relation (i.e. child) to the deceased??

    1. LexisGH

      Hello Godwin,
      Thanks for reaching out to us. Yes, there are several times where a spouse or child is the sole administrator and they can issue vesting assent to themselves and sign it.

  35. Catherine

    Hi Kofi,

    What action can be taken if an administrator or executor fails to issue vesting assents to family members. How would this be viewed by the Ghanaian legal system?

    1. LexisGH

      Hello Catherine,

      Thanks for reaching out to us. It will depend on the reason why the Administrator is refusing or failing to issue Vesting Assent. The Vesting Assent is usually issued in respect of landed or immovable properties. It can also be issued for other properties like vehicles, Stores/Tenancies, etc. If the estate is made up of properties that do not need to be vested then there is no reason for the Administrator to issue Vesting Assent. There may be other obstacles in law preventing the Administrator from issuing Vesting Assent like ownership disputes etc. If the Administrator is refusing to Vest Inheritance Properties in the beneficiaries, then he must explain why.
      If there is no justifiable reason, then there are several legal options available, he may be removed or replaced as Administrator, etc.,. We recommend that you engage a lawyer to assist you on this.

  36. Castro

    Please I need enquiries about the letter of administration because I am in the process
    How can I reach you?

    1. LexisGH

      Hello Castro,
      Thanks for reaching out to us.

      You can send us a message here.

      You can reach us by e-mail at info@lexisghana.com

      You may also reach us on WhatsApp at this number, 020 423 3676, or by clicking here.

  37. Clifford

    Do you have an office or something that I can come over for more information?

    1. LexisGH

      Hello Clifford, Thanks for reaching out to us. We have partner lawyers that you can consult with at their various offices in Ghana. Lexis Ghana is only online at the moment.

  38. Rubaina Anderson

    Please, if a probate action notice is served on executors by the court that granted the probate and the executors claims the probate certificate is missing and that they can’t find it. Can a different court grant same probate certificate or the court that the executors applied for the probate certificate?

    1. LexisGH

      Hello Rubaina,
      In the situation you described, it would not be necessary to re-apply for probate.
      You can simply request for another copy of the Probate Certificate from the Registry of the Court which granted the Probate.
      I hope this info is helpful to you. Thanks for reaching out to us.

  39. Francis Assiamah

    We thank you for such wonderful education.

    Please I humbly request for similar education on Affidavit and Power of Attorney.
    Thank you.

    1. LexisGH

      Thanks so much Francis, our writers are working hard to bring the next set of write-ups.

  40. Ekow

    Thanks for the information. In terms of timelines and based on your experience, how long does it usually take to complete the entire probate process in Ghana?

    1. LexisGH

      Hello Ekow, thanks for reaching out.
      It usually takes about 3 to 5 weeks if there are no family issues or other contentious matters.

  41. The Flat

    I just couldn’t leave your website prior to suggesting that I actually enjoyed the standard information an individual supply for your visitors? Is going to be again steadily to check out new posts

    1. LexisGH

      Hello, thanks so much for your comment. We really appreciate that. Its great to hear that you find our work useful.

  42. Enoch Sarponh

    Good afternoon, pls can you throw more light on the vesting assent? I mean the process, where should i start from and how does it cost to obtain one. Thank you
    Enoch Sarpong

    1. Kofi A.

      Hello Enoch, thanks for your comment.

      We have responded to you on our Whatsapp platform.

  43. Kwaku

    Thanks! That’s insightful

    1. Kofi A.

      You are welcome sir. We’re glad you find this helpful.

  44. Bernard Waine Owusu

    If a co administrator resigns can Letters of Administration be amended to remove that resigning administrator?

    If

    1. Kofi A.

      Hello Ben, thanks for reaching out to us.
      The Court can amend an L/A to reflect changes in the status of the Administrator(s). So yes, if a co-administrator resigns or dies, they may be removed or replaced as the situation demands.

  45. Karen

    Thank you for this information. Very helpful. If an LA has been issued in the United States, can it be used in Ghana as well?

    1. Kofi A.

      Hello Karen, Thanks for reaching out to us. An L/A from the United States may not be used in Ghana. The estate to be administered must be in Ghana and the L/A to be used must also come from a Ghanaian Court.

  46. Eric Gyasi Amponsah

    If the deceased spouse too is dead and left with may be two children, can they issued a letter of administration without customary successor.

    1. Kofi A.

      Hello Eric, Yes, the children may be granted L/A without the Customary successor.

  47. Richard

    Does the administrator need any additional permissions to issue a vesting assent to a beneficiary? For example does the spouse or child need to give consent for a property to be transferred to a father? Also is the vesting assent first to the administrators then a transfer to the beneficiary or direct to the beneficiary? Thanks.

    1. Kofi A.

      Thanks for reaching out to us Richard. The Vesting Assent may be drafted and signed but depending on the kind of property being transferred, the administrator(s) may or may not need “permission”. For instance, if it is a transfer of shares in a company, it cannot be done without the Central Securities Depository. The property distribution and beneficiaries are determined by the law, they do not require the consent of any family member. The property transfer is always directly from the name of the deceased to the beneficiaries. The administrator represents the deceased. Please use our ask a lawyer form or Whatsapp line for any further questions. Thank you.

  48. Coleman

    In the case where there are two administrators and one dies is it necessary to amend the L/A

    1. Lexis Ghana

      Thanks for reaching out to us, Coleman! The answer depends on the circumstances at the time of death of the administrator. If there are properties that are still not yet administered, then yes, the L/A would have to be amended to either replace the deceased administrator or delete their namefrom the L/A. However, if there are no properties left to be administered, then the replacement/deletion of the administrator becomes an issue of procedure/formality that may either be done or ignored. Please note that this answer is purely educational and subject to our Privacy Policy and our Terms & Conditions. It is in no way intended to be legal advice. Please forward any future questions through our Ask a Lawyer form or by Whatsapp on mobile.

  49. Solomon Abugri

    I will be very happy to participate in training and gain more knowledge in the whole functions of Commissioner for Oaths.

    1. Lexis Ghana

      Thanks for reaching out to us, Solomon! Unfortunately, We do not offer training at this time. We will reach out to you through the email provided when our training programmes go live.

      1. J.A

        Thanks for this information. I wish to find out if it is mandatory to have the head of family accent to the application for L/A. Does the head of family have a portion to sign when applying for an L/A.
        Thanks

        1. LexisGH

          Hello J.A,
          Thanks for reaching out. The law does not require an endorsement from the Head of Family in an Application for L/A. However, some Judges do ask for it, although it is not required by law.

  50. Osman Farouk

    Great Job

    1. Lexis Ghana

      Thanks Osman!

      1. Joseph Quartey

        Please, what is the process in law when the family selects three administrators for the grant of LA of the estate of a deceased father , and after the grant, two of the Administrators died and the family need to replace the two deceased Administrators. Can the two be replaced, if yes!, How should this be done?

        Thanks & Regards

        1. LexisGH

          Hello Joseph Quartey, Thanks for reaching out to us. In order to remove or replace an administrator under Ghana Law, you would have to file an application in the appropriate format at the same Court which granted the L/A, and request for the 2 administrators to be removed or replaced.

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