When someone dies leaving a valid will in Ghana, their estate is administered through a process called probate. Without probate, the executor named in the will cannot legally deal with the deceased's bank accounts, land, and other assets. Here is everything you need to know about the probate process in Ghana.
What Is Probate?
Probate is the official court process by which a will is proved to be valid and the executor is authorized to administer the estate. The probate court (High Court) examines the will, confirms it was properly executed, and grants the executor a document called a Grant of Probate — the legal authority to act.
Who Can Apply for Probate?
Only the executor(s) named in the will can apply for probate. If a named executor is unable or unwilling to act, they can renounce their right and another person may be appointed.
If there is no valid will (or no surviving executor), the appropriate application is for Letters of Administration — not probate. These are different processes.
Documents Required
- The original will (courts will not accept photocopies)
- Death certificate of the deceased
- Ghana Card of the executor(s)
- Inventory of the estate — list of all assets (land, bank accounts, vehicles, investments, etc.) with approximate values
- Affidavit supporting the application
- Notice to next of kin (in some cases)
The Probate Process
- Engage a lawyer — probate applications are legal proceedings requiring a lawyer
- Prepare the application — the lawyer prepares the probate petition, oath, and supporting documents
- File at the High Court — the Probate Division of the High Court in the region where the deceased was domiciled
- Pay court fees — based on the estimated value of the estate (typically 0.5–1% of estate value)
- Caveat search — the court checks for any caveats lodged against the estate
- Grant of Probate issued — if no objections, typically within 2–6 months
- Executor acts — with the Grant of Probate, the executor can now:
- Collect and sell estate assets
- Pay debts and taxes
- Transfer land and property to beneficiaries
- Close/transfer bank accounts
- Distribute to beneficiaries as specified in the will
- File estate accounts with the court (in some cases)
Probate vs Letters of Administration
- Probate: There is a valid will. Named executor applies. Court validates the will and authorizes the executor.
- Letters of Administration: No valid will (intestacy) or no executor available. Family member or interested party applies. Court appoints an administrator.
The practical process is similar — the key difference is whether there is a will and who applies.
Costs
- Lawyer fees: GHS 3,000–15,000 (depends on estate complexity and value)
- Court filing fees: GHS 500–5,000 (percentage of estate value)
- Total: GHS 4,000–20,000+ for a modest estate
Timeline
Straightforward probate: 3–6 months. Contested probate (someone challenges the will's validity): 1–5 years.
International Estates
If the deceased had assets in Ghana but died abroad (or was domiciled abroad), re-sealing of a foreign probate grant is possible in some cases. Consult a lawyer specializing in cross-border estates.
Use our free Estate Administration Guide to understand the full process. Read about writing a valid will and Letters of Administration.