When someone dies in Ghana, their estate must be administered through the High Court. Whether you need Probate or Letters of Administration depends on one thing: did the deceased leave a valid will?
The Key Difference
- Probate: Granted when the deceased left a valid will. The executor named in the will applies to "prove" (probate) the will.
- Letters of Administration (LA): Granted when the deceased died intestate (without a will), or when there's a will but no valid executor. An administrator is appointed by the court.
Probate
If the deceased left a will:
- The executor named in the will applies to the Probate Division of the High Court
- Submits the original will and supporting documents
- The court authenticates the will
- Court issues a Grant of Probate
- The executor now has legal authority to administer the estate according to the will
Documents Needed for Probate:
- Original will
- Death certificate
- Affidavit by the executor
- Inventory of estate
- Any codicils (amendments to the will)
Letters of Administration
If there's no will (or no valid executor):
- An eligible family member applies to the High Court
- Submits application, affidavit, and supporting documents
- Court publishes notice for 21 days
- If no objections, court grants Letters of Administration
- The administrator distributes the estate according to PNDC Law 111
Documents Needed for LA:
- Death certificate
- Marriage certificate / birth certificates (showing relationship)
- Inventory of estate assets
- Affidavit in support
- Consent letters from other eligible applicants
Comparing the Two Processes
| Feature | Probate | Letters of Admin |
| Triggered by | Valid will exists | No will / no executor |
| Who applies | Executor named in will | Closest family member |
| Distribution | As per the will | Per PNDC Law 111 |
| Timeline | 3-6 months | 3-6 months (uncomplicated) |
| Cost | Similar | Similar |
| Flexibility | Follows will's instructions | Follows statutory formula |
What If the Will Is Challenged?
Someone may challenge the will by claiming:
- The testator lacked mental capacity
- They were unduly influenced
- The will is forged
- The will wasn't properly executed
If a will is successfully challenged, the estate is administered as if there was no will — through Letters of Administration.
Renunciation
An executor can renounce their role (decline to act). In that case, another executor named in the will takes over. If there's no other executor, the estate is administered under Letters of Administration.
Use our free Estate Administration Guide to get a roadmap for your specific situation. Read about the full LA process and how to write a valid will.