Probate Application (Ghana)

A Probate Application in Ghana submits the applicant's details to the relevant authority for the approval it seeks.

Under the Administration of Estates Act 1961 (Act 63), probate is the process by which the High Court of Ghana authenticates a deceased person's Will and confers legal authority on the named executor to collect assets, pay debts, and distribute the estate to beneficiaries in accordance with the testator's wishes. Without a valid grant of probate from the High Court, financial institutions regulated by the Bank of Ghana (BoG), the Land Title Registry under the Lands Commission, and the Ghana Stock Exchange (GSE) will refuse to transfer or release assets held in the name of the deceased.

The High Court (Civil Procedure) Rules 2004 (C.I. 47) Order 66 sets out the procedural requirements for probate applications in Ghana. The executor must file an originating motion supported by an affidavit sworn before a Commissioner for Oaths or a solicitor enrolled with the Ghana Bar Association. The affidavit must confirm: the full name, last address, and date of death of the deceased; the date and place of execution of the Will; that the Will was duly executed in accordance with Section 2 of the Wills Act 1971 (Act 360) — signed by the testator in the presence of two witnesses who each signed in the testator's presence; and the gross and net value of the estate.

Ghana operates a dual legal system for succession: testate succession (where the deceased left a valid Will governed by the Wills Act 1971 and the Administration of Estates Act 1961) and intestate succession (where no valid Will exists, governed by the Intestate Succession Act 1985 (PNDCL 111)). Probate is only available in respect of testate estates — where the deceased left a Will. Where no Will exists, the appropriate application is for Letters of Administration under Order 66 of C.I. 47.

Customary law in Ghana, as recognised under the Customary Law (Applicable) Act, also affects succession to family property held under Akan, Ewe, Ga, and other customary tenure systems. Where estate assets include stool land, family land, or property governed by customary law, the executor should seek legal advice from a solicitor enrolled with the Ghana Bar Association before filing the Probate Application, because customary property may not pass under the Will and may instead devolve under customary succession rules.

The Lands Commission of Ghana, established under the Lands Commission Act 2008 (Act 767), is responsible for managing public lands and maintaining the Land Title Registry. Transfers of registered land following a grant of probate must be registered with the Lands Commission in the relevant regional office — Greater Accra, Ashanti, Western, or other region — within the period specified in the Land Title Registration Act 1986 (PNDCL 152). Failure to register the transmission of title may affect the executor's ability to sell or mortgage the property.

The Ghana Revenue Authority (GRA) administers estate duties and capital gains tax on assets transferred following death. The Internal Revenue Service division of the GRA may require the executor to file a final income tax return for the deceased covering the period up to the date of death, and to account for any capital gains arising from the sale of estate assets under the Income Tax Act 2015 (Act 896). The executor should obtain a tax clearance certificate from the GRA before distributing the estate.

A well-prepared Probate Application in Ghana reduces delays in the High Court registry, minimises the risk of the application being returned for amendment, and protects the executor from personal liability for premature distribution of estate assets without court authority.

A Probate Application in Ghana is required whenever a deceased person left a valid Will appointing an executor and the estate includes assets that cannot be dealt with by third parties — such as banks, the Lands Commission, or share registries — without evidence of the executor's legal authority.

A Probate Application is needed when the deceased held a bank account, fixed deposit, or investment account with a financial institution regulated by the Bank of Ghana (BoG), and the bank requires production of a grant of probate before releasing funds or transferring the account to the beneficiaries named in the Will.

A Probate Application is required when the estate includes land or immovable property registered with the Lands Commission of Ghana, because the Lands Commission and the Land Title Registry will not register a transmission of title to beneficiaries or a sale by the executor without a certified copy of the grant of probate from the High Court.

A Probate Application is needed when the estate includes shares listed on the Ghana Stock Exchange (GSE) or held in a company registered with the Office of the Registrar of Companies (ORC). Share registrars and the Central Securities Depository (CSD) require a grant of probate before transferring shares out of the deceased's name.

A Probate Application is required when the estate includes a motor vehicle registered with the Driver and Vehicle Licensing Authority (DVLA), and the executor wishes to transfer ownership of the vehicle to a beneficiary or sell it on behalf of the estate.

A Probate Application is needed when the estate includes debts owed to the deceased — for example, loan repayments owed under a credit agreement — and the executor needs legal authority to collect those debts and enforce the rights of the estate.

A Probate Application is required when the deceased was a registered proprietor of intellectual property, including patents registered with the Ghana Intellectual Property Office (GIPO), trademarks, or copyright works, and the executor needs to transfer or license those rights as part of the estate administration.

Even where the estate is modest, obtaining a grant of probate from the High Court provides the executor with a court-issued document that protects against personal liability for wrongful distribution. Under the Administration of Estates Act 1961 (Act 63), an executor who distributes estate assets without obtaining probate may be personally liable to creditors of the estate.

A valid Probate Application in Ghana filed under Order 66 of the High Court (Civil Procedure) Rules 2004 (C.I. 47) must contain the following essential elements.

Title of Proceedings: The correct court title — High Court of Justice (Probate Division) — and the full name of the deceased as it appears in the Will and on the death certificate issued by the Births and Deaths Registry under the Births and Deaths Registry Act 2020 (Act 1027).

Originating Motion: A formal originating motion filed by the executor, or by a solicitor enrolled with the Ghana Bar Association on the executor's behalf, setting out the grounds for the application and the relief sought — specifically, a grant of probate in solemn or common form.

Affidavit in Support: A sworn affidavit confirming: (i) the full name, last known address, nationality, and date of death of the deceased; (ii) the date and place where the Will was executed; (iii) that the Will was duly executed in accordance with Section 2 of the Wills Act 1971 (Act 360) — signed by the testator in the presence of two adult witnesses who each signed in the testator's presence; (iv) the relationship of the executor to the deceased; (v) the gross value of the estate (assets before deduction of liabilities); and (vi) the net value of the estate (assets after deduction of liabilities and funeral expenses).

Original Will: The original executed Will must be lodged with the High Court registry. If the original Will has been lost, the applicant must apply to the court for permission to prove a copy of the Will or to prove the Will's contents by secondary evidence.

Death Certificate: A certified copy of the death certificate issued by the Births and Deaths Registry, confirming the date and place of death of the deceased.

Inventory of Estate: A schedule listing all assets forming part of the estate, including: immovable property (land and buildings) with their registered title numbers under the Land Title Registration Act 1986 (PNDCL 152) and approximate market values; movable property (motor vehicles registered with the DVLA, shares listed on the Ghana Stock Exchange, bank accounts); and intangible assets (intellectual property, debts owed to the deceased).

Notice to Beneficiaries: Under Order 66 of C.I. 47, the court may require the executor to give notice of the probate application to all persons named as beneficiaries in the Will, and to any person who would be entitled to a share of the estate under the Intestate Succession Act 1985 (PNDCL 111) if there were no Will, to give those persons an opportunity to caveat or contest the application.

Court Fees: The applicable probate court fees set by the High Court (Fees and Charges) Rules, which are calculated as a percentage of the gross estate value. The executor should confirm the current fees with the High Court registry in Accra or the relevant regional registry.

Solicitor's Certificate: Where the application is filed through a solicitor, the solicitor must certify that the documents filed are correct and complete, in accordance with the professional obligations of solicitors enrolled with the Ghana Bar Association under the Legal Profession Act 1960 (Act 32).

Governing Law and Jurisdiction: The application must be filed before the High Court of Justice (Probate Division) in Accra, or before the High Court in the region where the deceased was domiciled at the time of death — Kumasi, Takoradi, Tamale, Sunyani, Cape Coast, Koforidua, Ho, Bolgatanga, Wa, or Dambai — in accordance with the jurisdictional rules under the Courts Act 1993 (Act 459).

Forms-legal.com provides this Probate Application template as a starting point for executors in Ghana. Given the procedural complexity of probate proceedings before the High Court, executors are strongly encouraged to engage a solicitor enrolled with the Ghana Bar Association for assistance in preparing and filing the application. Errors in the application documents may result in the application being rejected by the registry or, in contested cases, dismissed by the court.