The Ghana probate process for overseas families can be complex, especially when heirs live in the United States, United Kingdom, Canada, or Europe while property and bank accounts remain in Ghana.
Ghana requires a formal court process before estate assets can be legally transferred. Family agreement alone is not enough. Whether there is a will or not, overseas heirs must obtain a valid court grant before land, money, or property can be distributed.
This guide explains the Ghana probate process for overseas families, including legal requirements, lawyer costs, court filing fees, timelines, dispute risks, and practical steps diaspora heirs should take immediately.
Table of Contents
- Legal Framework
- Probate vs Letters of Administration
- Process With a Valid Will
- Process Without a Will
- How Property Is Distributed
- Ghana Probate Lawyer Cost
- Court Filing Fees
- Case Study
- Red Flag Warnings
- Ghana vs U.S. Probate
- Probate Checklist
- Get Legal Help
Legal Framework Governing Probate in Ghana
The Ghana probate process for overseas families is governed by:
- Wills Act, 1971 (Act 360)
- Intestate Succession Law, 1985 (PNDCL 111)
- Administration of Estates Act
- High Court Civil Procedure Rules
- Citizenship Act, 2000
Probate matters are handled at the High Court. Without a valid court grant, banks and the Lands Commission cannot lawfully transfer estate property.
Probate vs Letters of Administration
| Situation | Legal Process | Who Applies | Main Law |
|---|---|---|---|
| Valid Will Exists | Probate | Executor Named in Will | Wills Act 1971 |
| No Will | Letters of Administration | Next of Kin | PNDCL 111 |
This distinction is central to the Ghana probate process for overseas families.
Step by Step: Probate With a Valid Will
- Locate the original will.
- File application at the High Court.
- Submit death certificate and supporting affidavits.
- Publish notice in the Ghana Gazette.
- Wait for objection period.
- Receive Grant of Probate.
Once granted, the executor can legally transfer property and access estate funds.
Step by Step: No Will (Letters of Administration)
If no will exists, the Ghana probate process for overseas families requires Letters of Administration.
- File affidavit of next of kin
- Provide list of beneficiaries
- Submit asset schedule
- Provide sureties
- Gazette publication
Only after the court issues the grant can assets be distributed.
How Property Is Distributed Under Ghana Law
If there is no will, distribution follows PNDCL 111. Self acquired property is divided among spouse, children, and parents.
Family land is treated differently and often creates disputes during the Ghana probate process for overseas families.
For more on inheritance structure, see our guide on Ghana inheritance law for diaspora.
Ghana Probate Lawyer Cost
Legal fees vary depending on estate size and complexity.
| Service | Typical Fee Range (USD Equivalent) |
|---|---|
| Uncontested Probate | $1,500 – $4,000 |
| Letters of Administration | $2,000 – $5,000 |
| Contested Probate | $5,000 – $25,000+ |
Some lawyers charge 3 percent to 10 percent of estate value. Disputes significantly increase cost.
Court Filing Fees
- Probate filing fee based on estate value
- Gazette publication fee
- Certified copies of orders
- Administrative processing charges
Total court costs typically range from 1 percent to 3 percent of estate value.
Case Study: Overseas Probate Dispute
A Ghanaian father dies intestate owning property in Accra. His son lives in New York. A relative files for Letters of Administration without informing him.
The grant is issued. Property is sold. The overseas heir must apply to revoke the grant and challenge the sale. Litigation lasts two years and legal fees exceed $18,000.
This illustrates why early involvement is critical in the Ghana probate process for overseas families.
Red Flag Warning Signs
- Requests to transfer land before probate is granted
- Pressure to sign documents remotely
- Claims that customary division replaces court procedure
- Incomplete estate inventories
Ghana vs U.S. Probate Comparison
| Feature | Ghana | United States |
|---|---|---|
| Mandatory Court Grant | Yes | Yes |
| Customary Law Influence | High | Low |
| Gazette Publication | Required | Varies by State |
Ghana Probate Checklist for Overseas Families
- Certified death certificate
- Original will if available
- Land title documents
- Bank account information
- List of beneficiaries
- Estate valuation
Need Help With the Ghana Probate Process?
If you need assistance navigating the Ghana probate process for overseas families, request a vetted Ghana probate lawyer below.
Early legal guidance can prevent costly disputes and asset loss.
All money transfer services must be licensed by the Bank of Ghana.
