When someone dies without a will in Ghana, you need Letters of Administration (LA) from the High Court to legally access and distribute their estate. Without LA, banks won't release funds, the Lands Commission won't transfer property, and SSNIT won't pay out pensions. Here's exactly how to get it.
Who Can Apply for Letters of Administration?
Under Ghana law, the following people can apply (in order of priority):
- Surviving spouse (legally married)
- Children of the deceased
- Parents of the deceased
- Siblings of the deceased
- Other relatives
- Creditors (in rare cases)
The court usually grants LA to the person with the closest relationship. If multiple people want to apply, they can apply jointly (up to 4 administrators).
Step 1: Gather Required Documents
Before going to court, collect:
- Death certificate (original + 3 certified copies) — get from Births and Deaths Registry
- Marriage certificate (if applying as spouse)
- Birth certificates of all beneficiaries
- Inventory of assets — list all property, bank accounts, vehicles, businesses, pensions with estimated values
- Passport photos of the applicant
- Ghana Card of the applicant
- Consent letters from other eligible applicants (if they agree to your application)
Pro tip: The inventory of assets is critical. Banks and the Lands Commission will only release what's listed in the LA. If you discover assets later, you'll need a supplementary LA.
Step 2: Hire a Lawyer
While not legally required, getting LA without a lawyer is extremely difficult. A probate lawyer will:
- Prepare all court documents
- File the application correctly
- Represent you at the hearing
- Handle the newspaper publication
- Follow up with the court (this is crucial — cases stall without follow-up)
Cost: GHS 3,000-10,000 depending on complexity
Step 3: Prepare and File Court Documents
Your lawyer will prepare:
- Petition for Letters of Administration — formal request to the court
- Affidavit in support — sworn statement of facts about the deceased, their family, and assets
- Administration bond — a guarantee that you'll administer the estate properly (usually double the estate value)
- Oath of administrator — sworn before a Commissioner for Oaths
These are filed at the Probate Division of the High Court in the region where the deceased lived.
Step 4: Newspaper Publication
After filing, the court requires publication in a national newspaper. This gives anyone who objects to your application a chance to come forward. The notice must run for 21 days.
Cost: GHS 300-500
Step 5: Court Hearing
After the 21-day publication period (assuming no objections), the court schedules a hearing. At the hearing:
- The judge reviews your documents
- You (or your lawyer) presents the case
- If satisfied, the judge grants the LA
If someone objects, it becomes a contested matter — which can add months or years to the process.
Step 6: Collect Your Letters of Administration
Once granted, collect certified copies of the LA from the court. You'll need multiple copies because every institution (bank, Lands Commission, SSNIT, insurance company) will want an original or certified copy.
Get at least 5-6 certified copies.
Step 7: Administer the Estate
With the LA, you can now:
- Access bank accounts and close them
- Transfer land and property titles
- Collect SSNIT pension and insurance payouts
- Sell assets if needed to pay debts or distribute
- Distribute the estate according to PNDC Law 111
Timeline
- Gathering documents: 1-2 weeks
- Filing at court: 1 day
- Waiting for hearing date: 2-4 weeks
- Newspaper publication: 21 days
- Court hearing: 1 day
- Receiving LA: 1-2 weeks after hearing
- Total: 3-5 months (uncomplicated cases)
Total Costs
- Court filing fees: GHS 500-1,500
- Newspaper publication: GHS 300-500
- Legal fees: GHS 3,000-10,000
- Administration bond: GHS 500-2,000
- Certified copies: GHS 100-300
- Total: GHS 5,000-15,000
Use our free Estate Administration Guide to get a personalized assessment based on your specific situation. Read more about estate settlement without a will in Ghana.