Guides

Administering an estate: probate and letters of administration

Who has authority to deal with a deceased person's property, and how to obtain it from the High Court.

· 1 min read

When someone dies, their property does not pass automatically. A personal representative must first obtain a grant from the High Court under the Administration of Estates Act, 1961 (Act 63).

Where there is a will

The executors named in the will apply for probate. Once granted, they collect the assets, pay debts and distribute the estate as the will directs.

Where there is no will

Close relatives apply for letters of administration. The estate is then distributed under the Intestate Succession Law, 1985 (PNDCL 111).

Do not deal with the estate early

Selling or taking estate property before a grant is made can expose a person to legal action. Banks and the Lands Commission will usually ask for the grant.

Disputes

Anyone with an interest may file a caveat to stop a grant being made while a dispute is resolved.

Sources

  1. Administration of Estates Act, 1961 (Act 63)
  2. Intestate Succession Law, 1985 (PNDCL 111)
  3. Judicial Service of Ghana, probate registry
  4. GhaLII, Ghana Legal Information Institute (texts of Ghanaian statutes and judgments)

This article is general information about Ghanaian law, not legal advice. Speak to a lawyer about your own situation.

This article is general information, not legal advice. Please contact us about your own situation.

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