Administration of Estates Act 1961 (ACT 63)

A deceased person’s movable and immovable property devolves to the personal representatives from the time of death.

Personal representatives are treated as the deceased’s representative for the deceased’s movable and immovable property, and for trusts and powers they are deemed to be the deceased’s heirs and assigns.

This section defines which interests are not treated as property of the deceased and which property is treated as the testator’s or successor’s.

An intestate’s interest in property that could have been disposed of by customary-law will is treated as that person’s property.

This Part applies to any estate for which the court may grant probate or letters of administration.

The President must appoint the Administrator-General and any needed assistant administrators-general. The Administrator-General is a corporation sole and may sue or be sued in that name, and may appear in court in person or by counsel when a party.

The Administrator-General and agents are generally not personally liable for dealing with estate assets, unless they knew the assets were not the deceased’s property or acted illegally with wilful misconduct or gross negligence.

The Republic’s revenue must cover liabilities the Administrator-General would personally owe as a private administrator, except where the liability was not contributed to and could not have been prevented with reasonable diligence.

If death is proved to the Administrator-General using the listed proof methods, the Administrator-General and the Government are not liable for loss from a false or innocent statement about that death.

If the Administrator-General sells a third party’s goods or chattels while administering an estate, the sale proceeds must be paid to the owner once ownership is proven, unless the money has already been used for the deceased’s debts or was distributed before notice of the claim.

The Administrator-General does not have to do extra verification steps beyond signing petitions, and does not have to give an administration bond or other security to the court.

The Administrator-General may be appointed as executor of any will.

Probates and letters of administration granted to the Administrator-General must be issued in that name and authorize the Administrator-General to act for the estate.

Court grants to the Administrator-General make his representative title conclusive, and people who pay the debts or hand over the assets are fully indemnified.

A company cannot treat the Administrator-General’s name in its books or register as notice of a trust, and the Administrator-General is not personally liable as a contributory claim.

The Administrator-General may petition the court about an unrepresented estate, and must not do so if another enactment already makes special provision for its administration.

The Administrator-General may enter an unrepresented estate before probate or letters of administration are granted, if he thinks fit, to secure the estate.

The Administrator-General may apply to court for probate or letters of administration at any time after the deceased person’s death.

The court may order the Administrator-General to take control of assets in Ghana in certain uncertainty or risk situations, and such an order gives the Administrator-General specific powers and entitlements.

A court may grant probate or letters of administration to a person who appears, proves the claim, and gives any security required by law.

The court may grant probate or letters of administration to the Administrator-General if no one proves a claim in time, or if the claimant fails to give required security.

A private executor or administrator may transfer estate assets to the Administrator-General only with the Administrator-General’s prior written consent, notified in the Gazette.

The court may revoke probate or letters of administration granted to the Administrator-General if an executor or next-of-kin proves a better claim, and may grant them to that person.

If a grant to the Administrator-General is revoked, the court may order certain costs and fees to be paid or kept out of the estate.

If the Administrator-General’s grant is revoked, prior acts are treated as valid, except acts done after notice of a will or other fact that would make the grant void.

Payments made or acts done by the Administrator-General under a grant stay valid if the grant is later revoked in the stated circumstances.

The Administrator-General may sell certain property of an intestate, but usually needs Court consent for immovable property. He must apply to the Court if household chattels must be sold to meet creditors’ claims, and the Court must consider all circumstances and beneficiaries’ wishes.

The Administrator-General must publish notices asking creditors and other entitled persons to prove their claims, then pay proved debts and distribute any shortfall by dividend. He may also require claims and affidavits to include specified details and supporting documents.

If the Administrator-General receives estate assets that were outside Ghana when the deceased died, they must be treated the same as assets in Ghana.

The Administrator-General may distribute a deceased person’s assets after the claims notice period ends, and is not liable for assets distributed to someone whose claim he had no notice of.

A creditor suing the Administrator-General must usually pay the suit costs unless the creditor made a proper written claim at least one month earlier and provided reasonably required evidence.

This section is about disposal of jewellery, etc.

The Administrator-General may spend money on necessary care and management of estate property, and on reasonable improvements with court sanction.

The court may give directions to the Administrator-General about an estate, and the Administrator-General may ask the court for information on how customary-law estate property should be distributed.

The Administrator-General must inventory each estate, keep accounts and retain related letters and documents; he may destroy certain worthless private papers if unclaimed.

A creditor or beneficiary of an estate in the charge of the Administrator-General may inspect the estate’s accounts and auditor reports/certificates, and may get copies and extracts, if the prescribed fee is paid and any prescribed conditions or restrictions are met.

The Administrator-General must keep a prescribed bank account, pay in all money received under the Act, and move surplus funds into approved deposits or investments.

The Administrator-General must file final estate accounts and vouchers in court with an affidavit, and after 14 days’ notice the accounts may be examined, taxed, objected to, and reviewed; a certificate that the accounts are correct gives the Administrator-General a discharge.

The Administrator-General may pass interim accounts after giving the notice required by section 38, before the administration is completed.

If the Administrator-General has not finished administering an estate within 18 months after letters of administration are granted, the Administrator-General must file an interim statement of accounts in court unless the court orders otherwise.

The court may let a parent or other suitable person receive a minor beneficiary’s share, and the Administrator-General may pay that share to the appointed person.

The Administrator-General must distribute estate property after claims are time-barred or disputed claims are settled, first covering costs, then paying a prescribed percentage to the Consolidated Fund, then paying creditors, and finally distributing any balance to entitled persons or the Accountant-General if the entitled persons are unknown.

If immovable property is still undisposed of after an estate is wound up, the Administrator-General must apply to the court for directions before the estate accounts are closed.

The Administrator-General may transfer a deceased non-domiciliary’s surplus assets in Ghana to the foreign executor or other competent recipient, if the stated notice and claim-payment steps are completed and any needed consent is obtained. The Minister may prescribe the fees for the consular officer or other authority receiving the transfer.

After an intestate estate with no known next-of-kin is administered, the Administrator-General must notify the Attorney-General, who must publish a Gazette notice. Interested persons may petition the court within two years, subject to a shorter court-set period, and petitions have filing, notice, and hearing timing rules.

If a petitioner proves a claim to the court’s satisfaction, the court must make whatever order it thinks fit, including costs.

If multiple people claim the same estate or residue, the Administrator-General may pay the matter into court, and the court may resolve the claims summarily if the parties consent.

Assets held by the Accountant-General or court for five years without a successful payment application must be transferred to the Consolidated Fund, unless a related suit or proceeding is pending.

The Minister may dispose of or distribute unclaimed assets, including assets transferred under section 48, to the deceased’s kindred or other persons in any shares or manner the Minister thinks fit.

Fees may be prescribed for the duties of the Administrator-General.

The Administrator-General must retain and pay certain estate expenses and section 50 fees, cannot charge court fees for estates administered under section 59, and may deduct recoverable fees, charges, and reimbursements from money received during administration.

The Administrator-General may charge ordinary costs in certain proceedings when the court orders costs to be paid other than from the deceased person's estate being administered.

The Administrator-General may administer a small intestate estate in Ghana if the gross value does not exceed fifty thousand cedis, but only subject to the Intestate Succession Law, 1985.

The Administrator-General may reduce the usual estate administration fees and costs and replace them with a fee set under rules made under section 56, when administering an estate under section 53.

The Minister may make rules by legislative instrument for this Part and for the Administrator-General’s proceedings.

The Administrator-General may appoint agents to manage assets, and agents must act under his direction and provide security for their duties.

The Administrator-General may administer oaths and, when desired for this Act, examine willing people on oath about questions of fact.

A person who knowingly or believed-to-be false swears to a false statement in an estate-administration matter is treated as having given false evidence in a judicial proceeding.

An agent may take possession of assets of a deceased person in Ghana if it seems advisable to protect the estate, and must promptly report that action to the Administrator-General.

The Administrator-General must give the Minister responsible for Finance an annual statement, as early as possible each year, showing money received, paid, and expended for estates administered in the previous year.

An executor needs a grant of probate to administer the testator’s property, and before probate may only exercise the functions of office for the estate’s benefit; the executor may not dispose of property before probate.

An executor’s rights end if certain probate-related events occur.

If an executor is allowed to withdraw a renunciation and prove the will, the probate is treated as having always taken effect.

The last executor in a chain is treated as executor of earlier testators, unless the chain is broken or probate requirements are not met.

A proving executor can exercise the legal powers of the personal representative when probate is granted to one or more named executors.

An executor who takes possession of or deals with the deceased’s property should apply for probate within one month, or may be punished for contempt of court.

If administration has been granted for a deceased person’s estate, no person may act as executor or bring an action for that estate until the grant is recalled or revoked.

If a temporary administration is revoked while a court case is pending, the court may order the case to continue against or by the new personal representative.

A person granted administration of a deceased person’s estate has the same rights and liabilities as the executor, subject to the grant’s limits.

A personal representative must, if lawfully required, present on oath in court a true and complete inventory and account of the deceased’s estate.

A personal representative may distrain land for rent arrears owed to the deceased, including after the lease or tenancy ends if the distress is made within 6 months and while the tenant remains in possession.

People who make or allow payments or dispositions in good faith under a representation are protected, even if the representation has defects; after revocation, earlier good-faith payments to the personal representative remain a valid discharge.

A person who fraudulently takes, keeps, or releases a deceased person’s estate or debts can be treated as an executor in their own wrong, limited to the value involved after allowed deductions.

If a personal representative wastes or converts a deceased person's estate and then dies, the representative's own personal representative is liable for that loss to the extent of the available assets.

The court may grant probate or administration for a deceased person’s immovable property separately or together with movable property, and may limit an administration grant as it thinks proper.

If the deceased’s estate is known to be insolvent, the grant of representation to that estate must not be several, except for a trust estate.

The court may rely on prima facie evidence about minority or life interest, and it may appoint additional personal representatives in certain cases.

The court may grant probate or administration to a trust corporation in the listed cases, but not to a syndic or nominee on its behalf.

The court has discretion over who gets administration of an estate, but must consider the rights of interested persons.

If certain probate proceedings are pending, the court may appoint an administrator for the deceased’s estate and may set reasonable remuneration from the estate.

A court may grant special administration of an estate if 12 months have passed since death and the existing personal representative is outside the court’s jurisdiction; the court may also order money or securities transferred into court and everyone must obey that order.

If an executor is an infant, the court grants administration to a guardian or other fit person until the executor turns 21, and probate cannot be granted before then.

Administration with the will annexed continues to be granted where that kind of grant was customary before this Act, and the deceased’s will must be carried out as if probate had been granted.

The court may seal certain foreign probate or letters of administration for use in Ghana, but only after the documents are produced and copied, and after required probate duty or security checks are met.

A sealed duplicate or certified copy of probate or letters of administration has the same effect as the original for section 84 purposes.

Until court rules say otherwise, the fees and probate duty for probate and administration apply to a person who applied for sealing under section 84.

This section defines “Court of Probate” and “Probate duty” for sections 84 to 86.

This section defines “proper officer” and says “public officer” includes a pensioner.

A proper officer may, in some cases, let Government sums owed to a deceased public officer be paid or distributed without probate.

The Minister’s decision on questions under sections 88 to 91 is final and conclusive.

The Minister may make regulations by legislative instrument for the purposes of sections 89 and 90.

A deceased person’s property can be used to pay debts and liabilities, and the court may administer it if needed.

The personal representative may sell estate property for administration, but must seek a court order before selling certain household chattels and immovable property. The representative must pay estate expenses, debts, liabilities, and any pecuniary legacies, and may invest estate money while administration is pending.

This section says how a deceased person’s estate must be used to pay expenses and debts, and it sets rules for personal representatives’ rights of retainer and preference of creditors.

If a deceased person’s property was charged with payment of money, that charged interest is primarily liable for paying the charge unless a contrary intention was signified.

A personal representative may assent to vest immovable property in an entitled person, and the section sets rules for notice, evidence, security, false statements, and stamp duty.

Conveyances made to a purchaser by a person with probate or letters of administration remain valid even if that probate or administration is later revoked or changed.

A person’s right to follow property is preserved after a personal representative assents or conveys it, and the court can make orders to give effect to interested persons’ rights.

Personal representatives may manage a deceased person’s property and exercise broad trustee-like powers while administration is ongoing or while a beneficiary is a minor or has a life interest.

A personal representative may deal with land to raise or secure money for beneficial interests, including by creating a term of years or a rent charge.

A personal representative may appropriate estate property to satisfy legacies or other interests, but must respect specific devises or bequests and obtain required consents in some cases.

Personal representatives may appoint trustees for an infant’s property in certain cases, and they can take steps to vest the property in the new trustees.

A personal representative may let someone take possession of immovable property before assent or conveyance, and the court may give directions or make a vesting order if a person claims possession or related relief.

A personal representative must distribute a deceased person’s estate within one year after probate or letters of administration are granted, subject to this Act or any other enactment.

The personal representative must distribute the residuary estate under the deceased’s will, or under the Intestate Succession Law if there is no will.

If an estate administration started under another enactment before this Act began, it continues under that other enactment. This Act also does not affect the estate of a seaman covered by the Merchant Shipping (Transitory Provisions) Act, 1957.

This Act does not apply to cases where the death occurred before the Act commenced, unless another provision expressly says otherwise.

This section gives interpretation rules for terms used in the Act, including that “Administrator-General” includes an Assistant Administrator-General and that “administration” has a specified meaning for deceased persons’ property.