A clear, step-by-step guide for families navigating estate administration in Ghana. From death certificate to final distribution — what happens, when, and who does it.
When a family member dies in Ghana, their estate (property, bank accounts, land, vehicles, business interests) does not automatically pass to the family. There is a legal process that must be followed before anyone can legally inherit or transfer assets. Skipping this process leads to frozen bank accounts, contested land, and family disputes that can last decades.
The process depends on one key question: Did the deceased leave a valid will?
The executor named in the will applies for Probate. The estate is distributed according to the will's instructions.
A family member applies for Letters of Administration. The estate is divided according to PNDC Law 111.
Obtain a Cause of Death Certificate from the doctor or hospital. This is separate from the formal death certificate and is needed immediately for the burial permit.
Get a Burial Permit from the district assembly health office. Required before burial can legally take place. Requires: cause of death certificate, identity details of deceased.
Notify banks and financial institutions where the deceased held accounts. This prevents fraudulent withdrawals during the estate process. Do NOT withdraw funds yet — this requires a court order.
Secure physical assets — land, vehicles, property. Ensure no family member removes or transfers assets before the estate is formally administered.
Find the will (if any) — check home files, safe, bank safety deposit box, lawyer's office. If a will exists, do not alter or destroy it. Destruction of a will is a criminal offence.
Register the death at the Births and Deaths Registry within 3 months. Required documents: Cause of Death Certificate, deceased's Ghana Card or birth certificate, informant's ID. Cost: Free within 3 months; fees apply after. You receive a formal Death Certificate.
Create an inventory of all assets: land and property (with documents), bank accounts (with account numbers), vehicles (with logbooks), business interests, investments, pension/SSNIT entitlements, personal valuables, debts owed to the deceased.
List all debts and liabilities: mortgages, loans, credit cards, unpaid bills. The estate pays debts before beneficiaries receive anything.
Gather supporting documents: marriage certificate, children's birth certificates, land indentures and title documents, bank statements, TIN certificate, SSNIT card.
This is the most important step. Without Probate or Letters of Administration (LA), you have no legal authority to deal with the estate. Banks, the Lands Commission, and other institutions will not act on your instructions without it.
Engage a probate/estate lawyer. This process requires a licensed lawyer. Cost: GHS 3,000–10,000 depending on estate complexity. This is not optional for most estates.
File application at the High Court (Probate Division). For Probate: submit original will + affidavit + estate inventory. For LA: submit death certificate, family relationship evidence, estate inventory, consent letters from other eligible applicants.
Pay administration bond and court fees: court fees GHS 500–1,500, bond GHS 500–2,000, newspaper publication GHS 300–500.
Court publishes notice for 21 days — allows objections. If no objections, the court grants Probate or LA. You receive certified copies of the grant (typically 3–5 copies needed).
Who can apply for Letters of Administration? Priority order: surviving spouse → children → parents → siblings → other relatives. If multiple people in the same priority class exist, they can apply jointly or one can apply with written consent of the others.
Present Letters of Administration to each bank with a certified copy. Banks will release account balances to the administrator. Each bank has its own process — bring death certificate, LA copy, and your ID.
Transfer land and property at the Lands Commission. Required: LA copy, death certificate, original indenture, stamp duty payment (0.25% of property value). The property is transferred into the estate's name first, then to beneficiaries.
Claim SSNIT benefits: if the deceased was a SSNIT contributor, dependents are entitled to a lump sum death benefit. Apply at any SSNIT office with: death certificate, deceased's SSNIT card, your relationship proof.
Transfer vehicles at the DVLA. Required: LA, death certificate, vehicle logbook, insurance.
Pay all outstanding debts. Creditors have a legal right to be paid from the estate before beneficiaries receive anything. Failure to settle debts before distributing can make the administrator personally liable.
If there's a will: distribute exactly as the will instructs. Each beneficiary signs a receipt. Keep records of all transfers.
If no will (PNDC Law 111): follow the statutory distribution formula below.
PNDC Law 111 Distribution Formula (No Will):
If no spouse: children inherit 9/16 + parents 1/16; remainder to extended family. If no children: spouse's share increases.
The family home (matrimonial home) has special protection. The surviving spouse and children have the right to continue living there even during estate administration. It cannot be sold out from under them.
The single most important thing you can do for your family is write a valid will. Here's what it must contain to be legally valid in Ghana:
Testamentary capacity: You must be 18+ and of sound mind when signing
In writing: Must be a written document (typed is safest)
Signed by you at the bottom in the presence of two witnesses
Two witnesses sign in your presence and each other's presence — witnesses cannot be beneficiaries
Name an executor — the person responsible for carrying out your wishes
Keep original safe — tell your executor where it is
Cost of writing a will with a lawyer: GHS 500–2,000. This is the most affordable protection your family will ever have.
These mistakes cost families years and thousands of cedis:
1. Withdrawing money from bank accounts without LA — banks can freeze accounts and report to regulators. Wait until you have the court order.
2. Transferring land before getting LA — any transfer without LA is invalid and creates a disputed title.
3. Extended family taking assets before formal administration — you can obtain a court injunction to stop this. Act quickly.
4. Delaying the process — there's no strict deadline for LA but delays allow assets to erode, debts to accumulate, and disputes to escalate.
5. Not notifying creditors — if debts are discovered after distribution, you (the administrator) can be personally liable.
6. Assuming customary rights override PNDC Law 111 — they don't. The statutory law gives children and spouses priority.
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This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Ghanaian lawyer for your specific situation.