LEGAL PROCESSES AFTER DEATH

Losing a loved one can be an extremely devastating experience. This can be overwhelming, especially if you’re responsible for handling the legal affairs of the deceased. Though many of the legal proceedings may seem confusing or daunting, they are very important.

When someone dies in Ghana, you must immediately register their death at the nearest registry office. This must be done in the area in which the death occurred (Ghana-Register a Death. (n.d)). You will need to obtain a pronouncement of death, signed by a medical practitioner, and present this document to a registration assistant (Ghana-Register a Death. (n.d)). The registration assistant will then issue you a burial and or a death certificate (Ghana-Register a Death. (n.d)).

Once you’ve obtained the death certificate, you can begin the process of managing and settling the estate. In legal terms, estate refers to the assets or net worth of a person at anytime, dead or alive (Estate (law), 2018). You can only manage and settle the estate if you were appointed as an executor by the will or granted permission by the court (Theoharis, 2019). If the deceased left behind a valid will, the executor must ensure that decedent’s estate is divided according to their wishes (Theoharis, 2019). This is known as the probate process, where a will is proved and accepted as valid (US Legal, Inc).

According to Theoharis, 2019, if the deceased left behind a will, you will need to locate and submit it to probate court. Once the will has been submitted, and you have been named as an executor, you must notify the specific parties mentioned in the will. The probate process can last a very long time therefore, you must manage the estate during that period. This may include paying bills, hiring staff and ensuring the general upkeep of the estate. You must then carry out an inventory of what the decedent left behind. This is to determine what the estate is worth, whether the estate is in debt and how much you will need to distribute as inheritances. If the decedent is in debt, you’ll have to liquefy some or all of the estates assets in order to pay off the debts. After all the debts have been paid, the remaining assets can be distributed amongst the specified parties in the will (Theoharis, 2019).

Dealing with all the legal processes, after a loved one dies, can be a tough and demanding time for anyone. However, with professional help, appropriate research and a supportive team, you should be able to get through this.

Author: Chloe Ennin

REFERENCES

Estate (law) (2018). Retrieved July 25, 2019, from https://en.wikipedia.org/wiki/Estate_(law)

Ghana-Register a Death. (n.d). Retrieved July 25, 2019, from https://www.wikiprocedure.com/index.php/Ghana_-_Register_a_Death

Theoharis, M. (2019, March 27). What to Do When a Family Member Dies - Estate Settlement & Probate Process. Retrieved July 25, 2019, from https://www.moneycrashers.com/family-member-death-estate-settlement-probate/

US Legal, Inc. (n.d). Probate Law and Legal Definition. Retrieved July 25, 2019, from https://definitions.uslegal.com/p/probate/

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