When someone passes away in Ghana, things do not simply sort themselves out. The law steps in to guide how the person’s property, debts and final wishes should be handled. This is where executors and administrators come in. These are the people legally responsible for managing the estate of the deceased.
Their job is to collect assets, settle debts, and make sure that what is left goes to the right people. Whether they are chosen in a will or appointed by a court, their role is important in keeping things fair and orderly.
This guide explains how executors and administrators are different, what they are supposed to do, and gives simple tips for making a will or managing someone’s property after they die.
Executors and Administrators: What Is the Difference?
In Ghana, the law treats estates differently depending on whether the person left a will or not.
If there is a valid will, the estate is said to be testate. If there is no will, it is intestate. Either way, someone must step in to take care of everything the deceased left behind.
According to section 1(1) of the Administration of Estates Act, 1961 (Act 63), all the property of the deceased automatically passes to their personal representatives. These are the only people allowed to manage the estate. If the deceased named executors in their will, they take on this responsibility. If there is no will or no named executor, the court appoints administrators instead.
How Are Executors and Administrators Appointed?
Executors are chosen by the person making the will. There are two ways this can happen:
- Express appointment: This is the most common. The will clearly names one or more people as executors.
- Implied appointment: Sometimes the will does not use the word “executor”, but gives someone duties that usually belong to an executor, like paying debts or distributing property. In such cases, the court may still recognise that person as an executor.
Executors must apply for probate, which is official permission from the court to manage the estate. Until they receive this, they cannot legally handle any estate property. If they do, they may be guilty of intermeddling, which can have legal consequences.
Administrators, on the other hand, are appointed by the court when there is no will or no available executor. The law gives a clear order of priority for who may apply. Under Rule 13 of the Civil Procedure Rules (C.I. 47), the list usually begins with the surviving spouse, then children, then parents, followed by the customary successor. The court will generally choose someone who is likely to manage the estate fairly and efficiently.
What Do Executors and Administrators Actually Do?
Their main responsibilities include the following:
- Arranging the burial of the deceased, unless the family or spouse takes charge
- Collecting and managing the deceased’s assets
- Paying funeral expenses and any outstanding debts
- Distributing what remains to the rightful beneficiaries or heirs
- Filing inventories and accounts in court when required
- Legally transferring property to beneficiaries through what is called a vesting assent
Ideally, all of this should be completed within one year of receiving probate or letters of administration.
What Powers Do They Have?
Executors and administrators have several important powers. They can:
- Recover money owed to the estate, even before probate is granted in some cases
- Pay themselves back for reasonable expenses they incur while managing the estate
- Keep any money the deceased owed them
However, these powers come with serious responsibilities. They can be held legally responsible for:
- Mishandling contracts or failing to pay debts properly
- Delays or mistakes in managing the estate
- Losses caused by carelessness or mismanagement
- Misconduct by any assistants or agents they hire, especially if poorly supervised
There is also a warning for anyone thinking of stepping in without authority. If someone takes charge of an estate without being legally appointed, they are fully responsible for anything that goes wrong, but do not get any of the legal protections that a proper executor or administrator would have.
Tips for Choosing the Right Executor
If you are planning to write a will, the people you choose to carry out your wishes matter a great deal. Here are some useful guidelines:
- Pick someone trustworthy. They will be responsible for handling your money, property and final wishes.
- Choose someone capable. The job can be time-consuming and sometimes involves difficult decisions or paperwork.
- Think about age and health. Avoid appointing someone who is unlikely to be available or able to act when the time comes.
- Avoid family drama. Try to pick someone who gets along with others or can stay neutral in family matters.
- Ask first. Always speak to the person before naming them in your will. Make sure they are willing and able to take on the role.
It is advisable to name more than one executor, in case one is unavailable or needs help.
Managing a deceased person’s estate is not just a formality. It is a legal responsibility that involves care, honesty and a good understanding of the rules. Executors and administrators must balance the expectations of family members with the requirements of the law.
If you are writing a will, your best protection is to choose the right people and be clear about your wishes. And if you are acting as a personal representative, make sure you get the proper authority before doing anything.
The role is not always easy, but when done properly, it brings peace of mind and order during a time of loss.
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
