Probate in Ghana: Step-by-Step Guide to Proving a Will

When someone dies having made a valid will in Ghana, their estate cannot be administered until the will is "proved" — confirmed as valid and authentic by the court. This process is called probate. Without probate, the executor named in the will has no legal authority to collect assets, pay debts, or distribute the estate. Here's how it works in Ghana.

What Is Probate?

Probate is the court process of:

1. Confirming the will presented is the deceased's last valid will
2. Confirming the executor has authority to administer the estate
3. Issuing a "Grant of Probate" — the legal document that gives the executor authority to deal with the deceased's assets

Which Court Handles Probate?

Probate jurisdiction in Ghana lies with the High Court. Applications are filed at the High Court probate division — typically in the region where the deceased was domiciled or where the main assets are located.

Who Can Apply?

The executor named in the will applies for probate. If the named executor is unable or unwilling to act, another suitable person can apply as administrator with the will annexed (administration CTA).

Step 1: Gather Documents

• Original will (the physical document)
• Death certificate of the deceased
• List of assets and liabilities of the estate
• Identification documents of the executor
• Any marriage certificates (for surviving spouse's claims)
• Birth certificates of minor children (if estate involves their interests)

Step 2: Prepare the Probate Application

A lawyer prepares:

• Petition for probate — formal application to the court
• Oath of executor — the executor swears to administer the estate faithfully
• Inventory of estate assets
• Affidavit of search — confirming no other will has been found

Step 3: File at the High Court

File the application at the court registry, pay filing fees (GHS 200–2,000 depending on estate size), and receive a hearing date.

Step 4: Court Hearing

The court examines the will for due execution (proper signing and witnessing). If satisfied, the judge pronounces in favour of the will. If anyone has filed a caveat (objecting to the will's validity), the matter becomes contested — a full trial is held.

Step 5: Grant of Probate Issued

The court issues the Grant of Probate — a sealed court document. The executor shows this to banks, the Lands Commission, and other institutions to gain access to the deceased's assets.

Step 6: Administer the Estate

With probate granted, the executor:

• Collects all assets (bank accounts, property, investments)
• Pays all debts, taxes, and funeral expenses
• Distributes what remains to beneficiaries according to the will

Timeline and Costs

• Uncontested probate: 2–6 months
• Contested probate: 1–5 years
• Lawyer's fees: GHS 3,000–15,000+ depending on estate complexity
• Court fees: GHS 200–2,000

Use our free Estate Administration Guide for the full process. Read about writing a valid will and challenging a will.