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Probate of Will Made Simple

A helpful solution for together a probate of a will. Vakilsearch does it from start to finish, the right way.

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Why Does A Will Need To Be Probated?

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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According to 'The Indian Succession Act, 1925,' 'probate of will' refers to a copy of the will that has been certified under the seal of a court with jurisdiction and a 'grant of administration' for the testator's estate. Legally speaking, the probate of will is the procedure by which the court formally recognises a will made by a testator who has passed away.

Probate, in its simplest form, is the process by which the appropriate authority or court certifies that a will can be transmitted to a beneficiary of the Will. It provides unambiguous proof of the testator's testamentary capacity as well as the authenticity and proper execution of the will. The Probate of Will differs from a succession certificate in other ways as well.

When Is Probate of a Will Necessary?

Probate is solely available to the will's executor. If the will deals with immovable property spread across several states, it is necessary. The will was properly executed, is authentic, and is the decedent's final will and testament, according to the probate process.

When all of the following conditions are met, probate is required under the Indian Succession Act of 1925.

  • A Will that is located inside the West Bengal state border and the Chennai and Mumbai metro areas' municipal boundaries.
  • A Hindu, Jain, Sikh, or Buddhist living in the states of West Bengal, Chennai, or Mumbai prepares the will.
  • The Will deals with real estate that is either mobile or immovable and is located in Mumbai, Chennai, or the state of West Bengal.
  • It is preferable to get probate in situations where there is a chance that the will's validity may one day be contested on any grounds, even though it is not required in all other situations.

Benefits Of A Probate Will

  • It helps protect small estates.
  • It gives direction to cases where there is no will in place so that the right beneficiary gets the testator’s inheritance.
  • The probate process is beneficial to those who want to publicise the distribution of the will.
  • Probate gives you the chance to close out all creditors to the estate within a 90-day period.
  • It can be used as a tool to challenge a creditor’s claim in a court of law if you think that the creditor has falsely made a claim.
  • Probate offers the court the opportunity to handle a disputed will.
  • Probate of a Will establishes the authenticity of a will after the death of the testator and shows the executors and legal heirs to the content of the will.

Checklist For A Probate Will

  • The will must be drawn in favour of the applicants or applicant, by the testator of a will.
  • Will should be registered, and subject to probate should not be revoked by the testator.
  • The death certificate of the testator must be obtained by the applicant.
  • Court fees duly paid in accordance with the Court Fees Act.
  • The appropriate jurisdiction to file the application shall be identified.

What Is The Procedure For Getting A Probate 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.

Submit Documents

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.

Why Vakilsearch

One of the platforms that works with you to meet all of your legal needs and link you to reliable professionals is Vakilsearch. Yes, our clients are happy with the legal services we provide. They continually hold us in high respect and provide regular updates as a result of our focus on making legal obligations simple.

Additionally, our users may always keep tabs on the development of our platform. Our knowledgeable legal counsellors are available by phone if you have any queries about the 'Probate of Will' procedure. Vakilsearch will make sure that your interactions are pleasant and seamless.

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