To confirm the validity of a will as the final will, it needs to be probated by a court
of law so that the action to be executed is based on what’s written in the last will.
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In legal terms, probate is the legal process by which a will is validated by the court as the last will of a deceased testator. In simple terms, probate means a copy of certification from the court or competent jurisdiction that a will can be transferred to a beneficiary of the will.
While you might think that the process for a probate is difficult and time consuming, it is not. The entire process is done in 4 steps, which are:
Prepare the Application
The first step is to prepare an application to the District Judge via a petition duly signed and verified by or on behalf of the applicant, in the format prescribed under the Code of Civil Procedure, 1908. This should be done 7 days after the testator’s death.
Submit the Application
The application needs to be prepared by lawyers and sent to the high court, under the jurisdiction of the property. In some cases, a lower court may accept the application.
Certain documents are required to be submitted while applying for probate. You need to show the documents that prove that the will is genuine. You will also need to show the death certificate of the testator, and submit a document to prove that the will was executed by the testator as per his/her own free will.
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Once the court receives the application, it verifies all details and issues an invitation letter to the nearest kin of the deceased to claim the probate. A letter is also stuck at prominent places for public view and to invite objections, in case of any. If after 30 days, there is no objection from the kin or the public, the probate is issued.
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