When a loved one passes away without leaving a valid Will, family disputes over property, bank accounts, and land often follow quickly. However, under Ghanaian law, no relative or beneficiary has the immediate legal right to take possession of, manage, or distribute a deceased person’s estate simply by virtue of blood relation or customary status.
Doing so without lawful authorisation constitutes intermeddling, which is a criminal offence under Ghanaian succession law. To lawfully deal with the estate of a person who died intestate (without a Will), you must obtain a Grant of Letters of Administration (L.A.) from the Court.
To clarify this crucial probate process, BrakoPowers Law Hub breaks down what Letters of Administration are, how they differ from Probate, who has the legal right to apply, and the step-by-step court procedure in Ghana.
What Are Letters of Administration?
Letters of Administration (commonly referred to as L.A.) are an official authority granted by a court of competent jurisdiction (High Court or Circuit Court) that empowers appointed individuals, known as Administrators, to collect, manage, and lawfully distribute the estate of a deceased person who died intestate.
Letters of Administration vs. Probate: Understanding the Distinction
Many people confuse Probate with Letters of Administration, but they apply under entirely different circumstances:
(a) Probate: Applied for when the deceased left behind a valid Will. The court grants Probate to the Executors specifically named in that Will to carry out the deceased’s express instructions.
(b) Letters of Administration: Applied for when the deceased died intestate (without a Will), or where a Will exists but fails to name an Executor (or the named Executor is deceased or unwilling to act). The court selects and appoints Administrators to manage the estate according to statutory succession rules, primarily governed by the Intestate Succession Act, 1985 (PNDCL 111).
Who Has the Legal Right to Apply for L.A. in Ghana?
Under Order 66 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the court does not grant Letters of Administration to just anyone. Applicants must possess a beneficial interest in the estate, granted in a strict order of priority:
(1) Surviving Spouse
(2) Surviving Children
(3) Surviving Parent(s)
(4) Customary Successor (nominated by the deceased’s family)
How Many Administrators Can Be Appointed?
The court may grant Letters of Administration to a minimum of one person and a maximum of four persons. Where infants (children under 18) or life interests are involved in the estate, the court generally requires at least two administrators to safeguard the beneficiaries’ interests.
Step-by-Step Procedure to Obtain Letters of Administration
Step 1: Document Preparation and Application
The process begins by filing an ex parte application (Motion Ex Parte) at the High Court or Circuit Court within the jurisdiction where the deceased resided or where the property is located. The application package requires:
(a) Motion Ex Parte and Supporting Affidavit: Detailing the applicant’s relationship to the deceased, date of death, and grounds for entitlement.
(b) Proof of Death: Official Medical Certificate of Cause of Death or Death Certificate.
(c) Oath of Administrators: A formal sworn undertaking to faithfully administer the estate according to law.
(d) Declaration of Movable and Immovable Property: A comprehensive schedule listing all assets (land, houses, vehicles, bank accounts) and liabilities of the deceased.
(e) Head of Family Affidavit: An affidavit signed by the head of the deceased’s family confirming the family’s knowledge of the application and identifying the customary successor or beneficiaries.
Step 2: Publication of Notice (21-Day Notice Period)
Once the court receives and approves the initial filing, a formal notice of the application is posted on the court’s notice board and at the deceased’s last known place of residence or workplace for 21 consecutive days.
(a) Purpose: This public notice alerts creditors, family members, and interested parties.
(b) Caveats: Any person who claims a superior right, alleges the existence of a Will, or disputes the applicants’ authority may file a Caveat during this 21-day window to halt proceedings until the dispute is resolved.
Step 3: Valuation, Tax Assessment, and Administration Bond
If no caveat is lodged after 21 days:
(a) The court orders a valuation or assessment of the declared estate.
(b) The applicants must pay the prescribed court processing fees and estate duties (typically a percentage of the total value of the estate).
(c) The applicants must execute an Administration Bond (often accompanied by sureties) to guarantee that they will execute their administrative duties honestly and cover any losses caused by mismanagement.
Step 4: Final Grant and Distribution
Upon satisfying all financial and bonding requirements, the judge formally signs and issues the Grant of Letters of Administration.
With the grant in hand, the Administrators can legally approach banks to release funds, transfer land titles, settle outstanding debts, and distribute the remaining assets to the lawful beneficiaries in accordance with PNDCL 111.
Do You Need a Lawyer to Apply for Letters of Administration?
Strictly speaking, under procedural rules, an applicant can complete and submit the required forms self-represented (in person). However, because the procedure involves precise legal drafting, statutory affidavits, property valuations, court appearances, and potential caveat disputes, engaging a qualified legal practitioner ensures that the process is handled efficiently without costly procedural delays or personal liability.
Stay Informed with BrakoPowers Law Hub
At BrakoPowers Law Hub, we deliver practical legal guides, study resources, and authoritative legal analysis across Ghana.
Explore more legal guides and statutory breakdowns at www.brakopowers.com and follow us on social media @brakopowerslawhub.
Be First to Comment