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.
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.
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:
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.
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.
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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