Grant of Probate Support Form (Ghana)

A Grant of Probate Support Form in Ghana captures the structured information needed to complete the process it supports.

Ghana operates a dual legal system for the administration of estates. Customary law — administered through customary arbitration and customary succession rules of the relevant ethnic community — applies to property acquired under customary tenure and to the succession of self-acquired property for persons who die intestate without a will. Statute law, including Act 63 and the Intestate Succession Act, 1985 (PNDC Law 111), applies to all estates going through the High Court probate process. Where the deceased was Muslim, the Mohammedan Marriage, Divorce and Inheritance Ordinance and Islamic succession principles (the rules of mirath) may apply to the distribution of the estate alongside or in place of Act 63, depending on the religious personal law of the deceased.

Probate in Ghana is necessary before banks licensed by the Bank of Ghana (BoG), investment firms regulated by the Securities and Exchange Commission (SEC), land registries administered by the Lands Commission under the Land Registration Act, 2020 (Act 1036), and the Land Title Registry will release or transfer assets of the deceased. The Probate Registry requires the original will, the death certificate issued by the Births and Deaths Registry under the Births and Deaths Registry Act, 1965 (Act 301), an inventory of the estate assets and liabilities, and affidavit evidence from the executor. Administration fees are prescribed by the High Court (Civil Procedure) Rules, 2004 (C.I. 47).

The Grant of Probate Support Form differs from a Letters of Administration application, which is filed where the deceased left no valid will or where all named executors have died or renounced their appointment. The Support Form also differs from a Deed of Family Settlement or Customary Distribution Agreement, which may be used to settle an estate informally among family members without court involvement — though such informal settlements are not recognised by banks and land registries without formal court orders.

The legal framework governing the Grant of Probate Support Form (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Wills Act 1971 (Act 360), the High Court of Ghana has jurisdiction over probate. Section 2 of the Wills Act 1971 sets formal requirements for valid wills. The Intestate Succession Law 1985 (PNDC Law 111) provides for surviving spouse, children, and parents. The Administration of Estates Act 1961 (Act 63) governs estate administration. The Head of Family Accountability under the PNDC Law 111 protects family property interests. Parties executing a Grant of Probate Support Form (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Administration of Estates Act 1961 (Act 63) sets the foundational requirements.

A Grant of Probate Support Form in Ghana is required whenever an executor needs to apply to the High Court for probate and to administer a deceased person's estate, and the following circumstances make the probate process necessary.

A Grant of Probate is required before any bank licensed by the Bank of Ghana (BoG) will release funds from the deceased's account to the executor or beneficiaries, as banks are legally prohibited from releasing funds above the de minimis threshold without sight of a sealed High Court probate order.

A Grant of Probate is needed before the Lands Commission or the Land Title Registry will register a transfer of land or a landed property from the estate of the deceased to a beneficiary under the will, as Section 6 of the Administration of Estates Act, 1961 (Act 63) requires a personal representative's authority before title can be transmitted.

A Grant of Probate is required before shares held in a company registered under the Companies Act, 2019 (Act 992) or listed on the Ghana Stock Exchange (GSE) can be transferred from the deceased's name to a beneficiary, as the Central Securities Depository (CSD) and company registrars require a certified copy of the probate grant.

A Grant of Probate is needed when the estate of the deceased includes a business, professional practice, or investment portfolio, as the executor cannot lawfully continue to operate or wind up the business without the authority conferred by the probate grant.

A Grant of Probate is required when there are creditors of the estate, as only a court-recognised executor with a valid probate grant has the authority to settle debts, sell estate assets to meet liabilities, and distribute the residuary estate to beneficiaries in accordance with the will.

A Grant of Probate is needed where the estate has an international element — such as assets in Ghana and overseas — as foreign jurisdictions require a sealed Ghanaian probate order (which may need to be re-sealed or re-granted in the foreign jurisdiction) before releasing overseas assets of the deceased.

Parties in Ghana should prepare a Grant of Probate Support Form (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Wills Act 1971 (Act 360), the High Court of Ghana has jurisdiction over probate. Section 2 of the Wills Act 1971 sets formal requirements for valid wills. The Intestate Succession Law 1985 (PNDC Law 111) provides for surviving spouse, children, and parents. The Administration of Estates Act 1961 (Act 63) governs estate administration. The Head of Family Accountability under the PNDC Law 111 protects family property interests. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Grant of Probate application support package in Ghana under the Administration of Estates Act, 1961 (Act 63) and the High Court (Civil Procedure) Rules, 2004 (C.I. 47) must contain the following essential elements.

Deceased's Personal Details: Full name of the deceased as appearing on the death certificate issued by the Births and Deaths Registry under the Births and Deaths Registry Act, 1965 (Act 301); date of birth; date of death; last residential address in Ghana (region, district, town); nationality; Ghana Card number or passport number; and the domicile of the deceased at the date of death, which determines the applicable succession law.

Executor's Details: Full legal name of the executor as named in the will; relationship to the deceased; residential address; Ghana Card number and TIN; and — if the executor is a corporate trustee such as a bank's estate administration unit or a licensed trustee under the Trustee Act, 1962 (Act 107) — the company's ORC registration number and the name of the authorised individual acting on behalf of the corporate executor.

The Will: The original last will and testament of the deceased, duly signed, dated, and witnessed in accordance with the Wills Act, 1971 (Act 360), which requires the will to be in writing, signed by the testator (or by another person in the testator's presence and by the testator's direction), and attested by at least two witnesses present at the same time who are not beneficiaries.

Estate Inventory: A sworn inventory (attached as an affidavit to the probate application) listing all assets of the deceased as at the date of death — including land and buildings with Lands Commission reference numbers; bank accounts at BoG-licensed institutions; investments, shares, and bonds registered with the SEC or CSD; motor vehicles registered with the Driver and Vehicle Licensing Authority (DVLA); and all personal property — together with current valuations. All outstanding debts and liabilities of the estate must also be listed.

Court Documents: Probate application form from the Probate Registry of the High Court; affidavit of the executor verifying the will and the inventory; original death certificate; affidavit of due execution if there are queries about the will's formal validity; and the prescribed probate court filing fees per C.I. 47.

Compliance: The executor must file an estate account with the Administrator-General of Ghana within 12 months of the grant under Section 36 of Act 63, and pay any estate duties or taxes owed to the GRA. Forms-legal.com provides this probate support template to assist executors in Ghana — a practising Ghanaian solicitor enrolled with the Ghana Bar Association should be engaged to file the actual probate application before the High Court.

Additional compliance elements for a Grant of Probate Support Form (Ghana) used in Ghana include: Under the Wills Act 1971 (Act 360), the High Court of Ghana has jurisdiction over probate. Section 2 of the Wills Act 1971 sets formal requirements for valid wills. The Intestate Succession Law 1985 (PNDC Law 111) provides for surviving spouse, children, and parents. The Administration of Estates Act 1961 (Act 63) governs estate administration. The Head of Family Accountability under the PNDC Law 111 protects family property interests. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.