How Families in Ghana Can Legally Claim Money From a Deceased Relative's Bank Account
· YEN.com.gh News · Join- Families in Ghana can legally recover money left in the bank accounts of deceased relatives by following the appropriate procedures
- Bank of Ghana has clarified that being named as someone's next of kin does not automatically give a person access to their savings
- The recovery process requires documents such as a death certificate, probate or letters of administration issued by a court
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When a person dies in Ghana, money left in their bank account does not automatically become available to their spouse, children or other family members.
Source: UGC
Although relatives may know the deceased person's account number, possess their ATM card or even be listed as their next of kin, they cannot simply visit the bank and withdraw the money.
Ghana's banking and inheritance regulations require families to follow a legal process before accessing funds belonging to someone who has died.
The procedure depends largely on whether the deceased left a valid will or died without one.
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In an August 2024 public notice, the Bank of Ghana clarified that being identified as a next of kin does not automatically make someone the beneficiary of a deceased person's savings.
The central bank stated:
"The person nominated as the Next of Kin does not automatically inherit or gain access to the account."
Who can claim the deceased's money?
Under Ghanaian law, the authority to access and manage a deceased person's bank savings generally rests with the legally appointed executor or administrator of their estate.
Where the deceased left a valid will, the executor named in the document must obtain probate from a court to administer the estate.
However, if the deceased left no will, eligible persons must apply to the appropriate court for letters of administration.
The Intestate Succession Law, 1985 (PNDCL 111), provides the framework for distributing estates where a person dies without a will, including the rights of surviving spouses, children, parents and other eligible relatives.
The table below explains the different circumstances.
| Situation | Legal requirement |
| Deceased left a valid will | Executor obtains probate |
| Deceased left no will | Court appoints administrators through letters of administration |
| Person is named as next of kin | No automatic right to withdraw or inherit the money |
| Deceased left a spouse or children | Their inheritance rights are determined by the will or applicable law |
| Family members disagree | The dispute may require court intervention |
Importantly, being appointed an administrator does not mean a person can keep all the deceased's savings. The money forms part of the estate and must be administered for the lawful beneficiaries.
Steps to recover the money
Families seeking access to a deceased relative's bank account can follow these procedures.
1. Inform the bank about the death
Visit the financial institution where the deceased maintained an account and officially report the death. The bank may request a death certificate and available account details.
2. Establish whether a will exists
If the deceased left a will, the named executor should begin the probate process. Where there is no will, eligible relatives must apply for letters of administration.
3. Apply to the appropriate court
The applicants must submit the necessary court documents, which may include evidence of death, an affidavit, details of the deceased's property and information about the proposed administrators.
The court reviews the application and may require notices to be published or displayed to allow interested parties to raise objections.
4. Present the legal documents to the bank
After obtaining probate or letters of administration, the authorised representatives must present the documents to the bank.
The institution may also request identification documents, certified copies of the court grant and information needed to verify the deceased's account.
5. Complete verification and recover the funds
Once the bank confirms the documents and authority of the representatives, it can arrange for the funds to be released or transferred for lawful estate administration.
The money must then be used to settle applicable estate obligations and distributed to the beneficiaries according to the will or relevant inheritance laws.
Meanwhile, relatives are cautioned against using a deceased person's ATM card, PIN or online banking details to withdraw money without legal authority.
Even where the money is intended for funeral expenses, unauthorised withdrawals may create legal problems.
Families uncertain about the process can contact the relevant bank, court registry or a qualified legal practitioner for guidance.
How to claim an inheritance in Ghana
Previously, YEN.com.gh reported that Ghanaians can legally claim inherited houses, land, money and other properties through the appropriate estate administration process.
The procedure depends on whether the deceased left a valid will or died without one.
Ghana's inheritance laws protect the rights of surviving spouses, children and other eligible family members.
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Source: YEN.com.gh