LawandLegal
Get started
High Court / Circuit Court probate registry

Probate and letters of administration

Obtaining a grant to administer a deceased estate, with or without a will.

Timeline runs from
Date of instructions
Primary rules
C.I. 47 Order 66 · Administration of Estates Act 1961 (Act 63) · Intestate Succession Act 1985 (PNDCL 111)
Apply this roadmap to a case

Governing instruments

  • C.I. 47High Court (Civil Procedure) Rules, 2004 (2004)

    Master rules for civil practice in the High Court: commencement, service, pleadings, interlocutory applications, discovery, trial, judgment and enforcement.

    Binds: High Court · Circuit Court (with modifications)

  • Act 63Administration of Estates Act, 1961 (1961)

    Grants of probate and letters of administration, vesting assents and estate accounts.

    Binds: High Court probate registry · Circuit Court probate registry

  • PNDCL 111Intestate Succession Law, 1985 (1985)

    Distribution of the estate of a person who dies intestate.

    Binds: Probate registries

Stage by stage

  1. 01

    Death certificate, will search and asset schedule

    Counsel · Act 63 ss.1-4; Order 66 r.6 · day 0

    Confirm testacy, identify the beneficiaries and compile the estate inventory.

    Assemble: Death certificate, Will (if any), Schedule of assets and liabilities

    Official cost: Search of the record — GH₵40.00 (C.I. 86 Sch. 3 — searches) · Application for probate / letters of administration — GH₵220.00 (C.I. 86 Sch. 1, Pt. II — probate registry)

  2. 02

    File the application for grant

    Plaintiff / Applicant · C.I. 47 Order 66 rr.9-19 · day 14

    Motion, oath of executor or administrator, affidavit of the value of the estate and the schedule.

    Form: Application for grant with oath and inventory — Order 66 — confirm the form number against the current print

    Assemble: Motion ex parte, Oath, Affidavit of value, Consent of co-beneficiaries

    Official cost: Interlocutory motion with affidavit — GH₵120.00 (C.I. 86 Sch. 1, Pt. II — motions) · Application for probate / letters of administration — GH₵220.00 (C.I. 86 Sch. 1, Pt. II — probate registry)

    Under-declaring the estate value, which stalls the grant at the registry.

  3. 03

    Publication and caveat period

    Court · C.I. 47 Order 66 rr.20-24 · day 35

    Notice is posted; a caveat by a rival claimant converts the matter into a contested action.

    Time limit: Caveat period runs from publication (Order 66 rr.20-24).

  4. 04

    Grant issued and vesting assent

    Court · Act 63 ss.79-96 · day 75

    Collect the grant, then vest assets in the beneficiaries and account to the registry.

    Authority: Administration of Estates Act, 1961 (Act 63) ss.79-96

    Assemble: Vesting assent, Estate account

    Official cost: Application for probate / letters of administration — GH₵220.00 (C.I. 86 Sch. 1, Pt. II — probate registry)

Official court costs are drawn from the C.I. 86 (2014) as amended — schedule v1 schedule and are recovered from the client at cost, separately from professional fees. Registries assess some charges per page or per mile.

This roadmap is a planning aid, not legal advice. Rules are amended and the court may give directions that displace these defaults — always verify against the cited rule.

Other procedure roadmaps