Intestate Succession Application (Ghana)

An Intestate Succession Application in Ghana submits the applicant's details to the relevant authority for the approval it seeks.

Section 1 of the Intestate Succession Law 1985 (PNDC Law 111) provides that the estate of a person who dies intestate in Ghana — that is, without leaving a valid will — shall devolve in accordance with the rules set out in PNDC Law 111, regardless of the deceased's ethnic origin, customary law affiliation, or religious background. PNDC Law 111 revolutionised Ghanaian succession law by introducing a uniform statutory framework that superseded the previously applicable customary law rules, which varied significantly among the Akan, Ewe, Ga, and Northern ethnic groups in Ghana. Under PNDC Law 111, the spouse and children of the deceased receive a guaranteed share of the estate regardless of customary law claims.

The distribution formula under PNDC Law 111 provides that where the deceased is survived by a spouse and children, the spouse receives 3/16 of the estate, the children receive 9/16 divided in equal shares among all children (both biological and adopted), the surviving parent or parents receive 2/16, and the remaining 2/16 devolves in accordance with customary law. Where the deceased is not survived by a spouse, children, or parents, the estate devolves in accordance with customary law. The Administration of Estates Act 1961 (Act 63) governs the procedural aspects of obtaining Letters of Administration and administering an intestate estate in Ghana.

The Intestate Succession Application must be filed at the High Court of the region in Ghana where the deceased was ordinarily resident at the time of death — typically the High Court (Probate Division) in Accra for Greater Accra Region, the High Court in Kumasi for Ashanti Region, or the High Court in Tamale for Northern Region. The applicant (the proposed administrator) must produce a death certificate issued by the Births and Deaths Registry, proof of the family relationship between the applicant and the deceased, and a schedule of the deceased's assets and liabilities.

The Intestate Succession Application differs from a Grant of Probate Application, which applies where the deceased left a valid will. It also differs from a Customary Succession Claim, which arises under the customary laws of a particular ethnic group in Ghana and which has been significantly modified by PNDC Law 111 for property acquired outside the customary context.

An Intestate Succession Application in Ghana is required whenever a person dies without leaving a valid will and their surviving family members need legal authority to administer and distribute the deceased's estate.

An Intestate Succession Application is required when a deceased person in Ghana owned immovable property — land or a building — registered at the Lands Commission of Ghana, and the surviving family needs to transfer legal title of the property to the beneficiaries through the Lands Commission, which requires Letters of Administration as evidence of the administrator's authority.

An Intestate Succession Application is needed when the deceased held a bank account with a Ghana-licensed bank and the family cannot access the funds without a court order, as banks regulated by the Bank of Ghana (BoG) require Letters of Administration before releasing account balances to next of kin.

An Intestate Succession Application is required when the deceased owned shares in a company incorporated under the Companies Act 2019 (Act 992) and registered with the Office of the Registrar of Companies (ORC), and the family needs the ORC to effect a share transfer to the beneficiaries pursuant to PNDC Law 111.

An Intestate Succession Application is needed when the deceased was a member of the Social Security and National Insurance Trust (SSNIT) and the surviving spouse and children are seeking the deceased's SSNIT survivor benefits, which SSNIT requires to be supported by Letters of Administration or a Statutory Declaration of Next of Kin.

An Intestate Succession Application is required when the deceased owned a motor vehicle registered with the Driver and Vehicle Licensing Authority (DVLA), and the administrator needs to effect a transfer of the vehicle registration into the name of a beneficiary.

Families in Ghana should file the Intestate Succession Application promptly after the death of the intestate deceased, as delay may result in loss of estate assets, accrual of debts and interest, and complications arising from customary law claims by the extended family.

A valid Intestate Succession Application in Ghana under the Intestate Succession Law 1985 (PNDC Law 111) and the Administration of Estates Act 1961 (Act 63) must contain the following essential elements.

Details of the Deceased: Full legal name, date of birth, date of death, last residential address, occupation, and Ghana Card number or passport number of the deceased. A certified copy of the death certificate issued by the Births and Deaths Registry of Ghana must be attached.

Details of the Applicant (Proposed Administrator): Full legal name, Ghana Card number, residential address, occupation, and relationship to the deceased of the person applying for Letters of Administration. Typically the surviving spouse, eldest child, or another close family member.

Family Composition: A declaration of all surviving family members of the deceased entitled to a share of the estate under PNDC Law 111, including: surviving spouse(s) — Ghana law permits multiple spouses under customary marriage; all surviving children (biological and adopted); surviving parents; and the customary successor of the deceased's family.

Estate Schedule: A thorough list of all known assets of the deceased at the date of death, including: immovable property (land and buildings) with plot numbers and Lands Commission registration references; bank accounts at Bank of Ghana-licensed institutions; shares and investments; motor vehicles with DVLA registration numbers; SSNIT balances; life insurance policies with NIC-licensed insurers; and personal property of value.

Liabilities Schedule: A list of all known debts and liabilities of the estate, including outstanding loans, mortgages registered at the Lands Commission, hire purchase agreements, and tax liabilities owed to the Ghana Revenue Authority (GRA).

Distribution Formula: A statement of how the estate will be distributed among the beneficiaries in accordance with the distribution formula in PNDC Law 111 — 3/16 to the spouse, 9/16 equally among the children, 2/16 to the surviving parent or parents, and 2/16 in accordance with customary law.

Court and Registry: The application is filed at the High Court (Probate Division) of the region where the deceased was ordinarily resident. The court fee is paid at the Ghana Revenue Authority (GRA) collection point at the High Court. Forms-legal.com provides this template as a starting point for Ghana estate administration documentation.

Additional compliance elements for a Intestate Succession Application (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.