Steps to Obtain Letters of Administration

When a person dies without a will, they are said to have died intestate, and their properties can only be administered after obtaining Letters of Administration from the Court.

It is an offense to interfere with or take possession of the estate of the intestate without first obtaining letters of administration.

Persons who have a beneficial interest in the estate of the deceased are entitled to apply for letters of administration. The order of priority is as follows: the surviving spouse, surviving children, surviving parent, and the customary successor of the deceased.

The court may grant letters of administration to a maximum of four persons. An application for the grant of letters of administration must be made by Motion Ex Parte in a court with jurisdiction where the deceased had a fixed place of abode.

The application must be supported by an affidavit providing the last place of abode, whether the deceased is survived by a spouse and the number of children, place of death, and details of the estate of the deceased. Proof of death must also be exhibited, which can be through a death certificate, burial permit, obituary, or funeral brochure.

An affidavit deposed to by the Head of Family is usually attached to indicate that the family of the deceased is aware of the application for the grant of letters of administration. Statutory forms known as Oath of Administrators not with Will Annexed and a Declaration of Movable and Immovable property of the Intestate are completed and attached to the motion.

The applicant is expected to be physically present when the case is called in court and may also be represented by an adult. If the court grants letters of administration, it will order that notice of the grant is placed at the last place of abode of the deceased, usually to remain posted for 21 days after which the letters of administration may be issued.

A caveat can be filed by any person who claims to have an interest in the estate of the deceased and wishes to ensure that the court does not issue letters of administration without notice to them. Where a caveat is filed, letters of administration will not be issued until the merit of the caveat is determined.

The law requires that a tax of 3% of the value of the estate of the deceased is paid to the state after the 21-day notice has lapsed before letters of administration will be issued. The applicant must give a bond with two or more sureties to the registrar of the court for collecting and administering the property of the deceased.

After the grant of letters of administration, the applicant may administer the estate of the deceased in accordance with Ghanaian law. The applicant becomes the administrator of the estate of the deceased and can sue and be sued on the estate. The administrator will subsequently prepare vesting assents for each beneficiary, transferring ownership from the deceased to the beneficiary.

The author, Faisal Ziblim, is a lawyer at G. A. Sarpong & Co., Accra, with expertise in corporate and commercial law, arbitration, property law, family law, and litigation. His email is faisalziblim@gmail.com

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