The procedure for the grant of probate begins with a strict statutory requirement to apply
for probate within one month of death to avoid the risk of intermeddling. The grant of
probate itself is only an authorization to manage the estate, and the legal title to immovable
property does not pass to beneficiaries until the executor executes a Vesting Assent.
LIST OF AUTHORITIES
Administration of Estates Act, 1961 (Act 63)
Wills Act, 1971 (Act 360)
Intestate Succession Act, 1985 (PNDCL 111)
Courts Act, 1993 (Act 459)
High Court (Civil Procedure) Rules, 2004 (C.I. 47)
In re Kofigah (Deceased); Kofigah & Another v Atanley & Another [Civil Appeal No.
J4/05/2019, dated 22 January 2020].
DISCUSSION
1. Introduction
The process of administering the estate of a person who dies leaving a valid will is
governed by the Administration of Estates Act, 1961 (Act 63) and Order 66 of the High
Court (Civil Procedure) Rules, 2004 (C.I. 47). A named executor in a will must apply for and
be granted probate before administering the estate of a deceased person.
2. Jurisdiction
Under Order 66 rule 1 of C.I. 47, an application for probate must be made to the court
within the jurisdiction where the deceased had a fixed place of abode at the time of death.
If the deceased had no fixed place of abode in Ghana, the application may be filed where
any property of the deceased may be found, subject to the Courts Act, 1993 (Act 459)
(‘Courts Act’).1
The High Court has general jurisdiction for all estates, regardless of the value. However,
the Circuit courts and District courts can only assume jurisdiction where the value of the
estate does not exceed GHS 10,000 and GHS 5,000 respectively.2
Section 66 of the Administration of Estates Act, 19 (Act 63) (‘Administration Act’) requires
that a named executor must apply for probate within one month of the death of the
testator, or after the termination of any suit or dispute respecting probate or administration.
3. The application process
1
Order 66 rule 1 of C.I. 47
2
Section 41 and 47 of the Courts Act
1
, Under Order 66 rule 12 of C.I. 47, the order of priority for the grant of probate is as follows:
(a) the executor;
(b) any specific legatee or devisee or any creditor or the personal representative of any
such person provided that administration shall be given to a living person in preference
to the personal representative of such a deceased person who would, if living be
entitled in the same degree;
(c) any legatee or devisee whether residuary or specific who claims to be entitled on the
happening of any contingency;
(d) any residuary legatee or devisee holding in trust for any other person;
(e) the ultimate residuary legatee or devisee where the residue is not disposed of by the
will; or
(f) any person who has no interest under the will of the deceased but who would have
been entitled to a grant if the deceased had died intestate
The named executor must apply for probate by way of a motion ex parte supported by an
affidavit which must include the following:
(a) the identity of the deceased and the executor;
(b) the date and place of death (supported by a death certificate or any proof of death);
(c) the last place of abode of the deceased; and
(d) an inventory of the value of the movable and immovable property of the deceased
(Form 22).3
The court must be satisfied with the due execution of the will. A will is said to be duly
executed when it is signed by the testator and attested to by at least two witnesses in the
presence of the testator.4
The executor is also expected to file a declaration of the value of all assets of the
deceased both movable and immovable.5 This is necessary because before sealing a
probate, the court must be satisfied that the probate duty has been paid on the estate
whose value has been ascertained.6
3
Order 66 rule 8 of C.I. 47
4
Section 2 of the Wills Act, 1971 (Act 360)
5
Order 66 rule 9 of C.I. 47
6
Section 84(2) of the Administration Act
2
for probate within one month of death to avoid the risk of intermeddling. The grant of
probate itself is only an authorization to manage the estate, and the legal title to immovable
property does not pass to beneficiaries until the executor executes a Vesting Assent.
LIST OF AUTHORITIES
Administration of Estates Act, 1961 (Act 63)
Wills Act, 1971 (Act 360)
Intestate Succession Act, 1985 (PNDCL 111)
Courts Act, 1993 (Act 459)
High Court (Civil Procedure) Rules, 2004 (C.I. 47)
In re Kofigah (Deceased); Kofigah & Another v Atanley & Another [Civil Appeal No.
J4/05/2019, dated 22 January 2020].
DISCUSSION
1. Introduction
The process of administering the estate of a person who dies leaving a valid will is
governed by the Administration of Estates Act, 1961 (Act 63) and Order 66 of the High
Court (Civil Procedure) Rules, 2004 (C.I. 47). A named executor in a will must apply for and
be granted probate before administering the estate of a deceased person.
2. Jurisdiction
Under Order 66 rule 1 of C.I. 47, an application for probate must be made to the court
within the jurisdiction where the deceased had a fixed place of abode at the time of death.
If the deceased had no fixed place of abode in Ghana, the application may be filed where
any property of the deceased may be found, subject to the Courts Act, 1993 (Act 459)
(‘Courts Act’).1
The High Court has general jurisdiction for all estates, regardless of the value. However,
the Circuit courts and District courts can only assume jurisdiction where the value of the
estate does not exceed GHS 10,000 and GHS 5,000 respectively.2
Section 66 of the Administration of Estates Act, 19 (Act 63) (‘Administration Act’) requires
that a named executor must apply for probate within one month of the death of the
testator, or after the termination of any suit or dispute respecting probate or administration.
3. The application process
1
Order 66 rule 1 of C.I. 47
2
Section 41 and 47 of the Courts Act
1
, Under Order 66 rule 12 of C.I. 47, the order of priority for the grant of probate is as follows:
(a) the executor;
(b) any specific legatee or devisee or any creditor or the personal representative of any
such person provided that administration shall be given to a living person in preference
to the personal representative of such a deceased person who would, if living be
entitled in the same degree;
(c) any legatee or devisee whether residuary or specific who claims to be entitled on the
happening of any contingency;
(d) any residuary legatee or devisee holding in trust for any other person;
(e) the ultimate residuary legatee or devisee where the residue is not disposed of by the
will; or
(f) any person who has no interest under the will of the deceased but who would have
been entitled to a grant if the deceased had died intestate
The named executor must apply for probate by way of a motion ex parte supported by an
affidavit which must include the following:
(a) the identity of the deceased and the executor;
(b) the date and place of death (supported by a death certificate or any proof of death);
(c) the last place of abode of the deceased; and
(d) an inventory of the value of the movable and immovable property of the deceased
(Form 22).3
The court must be satisfied with the due execution of the will. A will is said to be duly
executed when it is signed by the testator and attested to by at least two witnesses in the
presence of the testator.4
The executor is also expected to file a declaration of the value of all assets of the
deceased both movable and immovable.5 This is necessary because before sealing a
probate, the court must be satisfied that the probate duty has been paid on the estate
whose value has been ascertained.6
3
Order 66 rule 8 of C.I. 47
4
Section 2 of the Wills Act, 1971 (Act 360)
5
Order 66 rule 9 of C.I. 47
6
Section 84(2) of the Administration Act
2
