Consult an Expert

Business Setup

BookAppointment

Prefer to talk to a business advisor first?

Book a call back

Tax & Compliance

Trademark & IP

Documentation

Others

user-login
Consult an Expert

Consult an Expert

Right Arrow
Business Setup

Business Setup

Right Arrow
Tax & Compliance

Tax & Compliance

Right Arrow
Trademark & IP

Trademark & IP

Right Arrow
Documentation

Documentation

Right Arrow
Others

Others

Right Arrow
More

More

Right Arrow

Consult an Expert

Talk to a Lawyer

Talk to a Chartered Accountant

Talk to a Company Secretary

Talk to a IP/Trademark Lawyer

Business Setup

Business Registration

Private Limited Company

Limited Liability Partnership

One Person Company

Sole Proprietorship

Nidhi Company

Producer Company

Partnership Firm

Startup India Registration

International Business Setup

US Incorporation

Singapore Incorporation

UK Incorporation

Netherlands Incorporation

Hong Kong Company Incorporation

Dubai Company Incorporation

Company Name Search

Company Name Search

Change Company Name

Licenses & Registrations

Digital Signature Certificate

Udyam Registration

MSME Registration

ISO Certification

FSSAI [Food License]

IEC [Import/Export Code]

Apeda RCMC

Spice Board Registration

FIEO Registration

Legal Metrology

Hallmark Registration

BIS Registration

Liquor License

CLRA Registration & Licensing

AD Code Registration

IRDAI Registration

Drug & Cosmetic License

Customs Clearance

Web Development

Web/E-Commerce Website Development

Tax & Compliance

GST and Other Indirect Tax

GST Registration

GST Filing

GST Login Portal

HSN Code Finder

GST Cancellation and Revocation

Indirect Tax

RoDTEP

Changes in Pvt Ltd Company

Add a Director

Remove a Director

Increase Authorized Capital

Close the Pvt Ltd Company

Strike off Company

Change Objective/Activity

Change Address

Changes In Limited Liability Partnership

Add Designated Partner

Changes to LLP Agreement

Close the LLP

Mandatory Annual Filings

Annual Compliance Services

LLP Annual Filings

CFSS

Secretarial Audit

Labour Compliance

Provident Fund (PF) Registration

ESI Registration

Professional Tax Registration

Shops and Establishments License

Employee Stock Option Plan [ESOP]

POSH Compliance

Labor Law Advisor

Accounting & Tax

Accounting and Book-keeping

TDS Return Filing

Individual Income Tax Filing

Proprietorship Tax Return Filing

ITR for LLP

Corporate Tax

Income Tax Assessment

Income Tax Notice

Virtual CFO

Convert Your Business

Proprietorship to Pvt Ltd Company

Compliance Check - Secretarial Audit

Due Digilence

RBI Compliance

Convert Partnership into LLP Company

Convert Private into Public Limited Company

Convert Private into OPC Company

Trademark & IP

Trademark

Trademark Registration

Trademark Search

Respond to TM Objection

Well Known Trademark

Trademark Watch

Trademark Renewal

Trademark Assignment

USA Trademark

International Trademark

Trademark Class Finder

Copyright

Copyright Registration

Copyright Music

Patent

Indian Patent Search

Provisional Patent Application

Patent Registration

Infringement

Copyright Infringement

Patent Infringement

Trademark Infringement

Design Registration

Logo Design

Design Registration

Documentation

Business Contracts

Non Disclosure Agreement NDA

Service Level Agreement

Franchise Agreement

Master Service Agreement

Shareholders Agreement

Joint Venture Agreement

Founders Agreement

Vendor Agreement

Consultancy Agreement

Memorandum of Understanding

Succession Certificate

Scope of Work Agreement

Share Purchase Agreement

Relinquishment Deed

Legal Heir Certificate

Trade License

Noncompete Agreement

Finance Agreement

GDPR

Personal & Family

Will Registration

Probate of Will

Power of Attorney

Real Estate

Rental Agreement

Sale Deed

Gift Deed

Rental Tenant Notice

Notices

Legal Notice

Legal Notice for Money Recovery

Legal Notice for recovery of dues

Cheque Bounce Notice

Legal Notice Under Consumer Protection Act

HR Policies

Employment Agreement

ESOP

Payroll Maintenance

Others

Fundraising

Fundraising

Pitch Deck

Business loan

DPR Service

NGO Registration

NGO

Section 8 Company

Trust Registration

Society Registration

NGO Compliance

NGO Compliance

Section 8 Compliance

CSR-1 Filing

Sec.80G & Sec.12A

Darpan Registration

FCRA Registration

Property

Property Title Verification

Property Registration

Rera Complaint

Licenses & Registrations

Gun License

Name Change & Other Conditiions

Name Change

Religion Change

Gender Change

File an e-FIR

Online Police Complaint

Marriage

Marriage Registration

Court Marriage

Mutual Divorce

Divorce Alimony

Restitution of Conjugal Rights

Immigration

Corporate immigration

Family immigration

College immigration

File a Consumer Complaint

Online Consumer Complaint

E-Commerce Consumer Complaint

Insurance Consumer Complaint

Lawyer Services

Labour Law Advisor

Criminal Lawyer

Labour Lawyer

Consumer Court Lawyer

Divorce Lawyer

Banking Lawyer

Immigration Lawyer

Family Lawyer

Litigation Lawyer

Intellectual Property Lawyer

Trademark Lawyer

Reply to ITR Notice

Expert Services

Technology, Media and, Telecom (TMT)

Risk Management and Regulatory Risk

Login

More

Events

Products

News

Blog

About Us

Contact

Media

Careers

Refer and Earn

Partner With Us

Talk to a Expert

Notice: File your annual accounts (AOC-4) before 29th October. Talk to our expert

FAQs on Probate of Will in India

No, a will is not valid without probate. Probate is the legal process of proving that a will is valid and that the executor named in the will has the authority to administer the estate. If a will is not probated, it is considered invalid and the estate will be distributed according to the laws of intestacy.
The executor named in the will is the person who is typically responsible for applying for probate. However, any other person who has an interest in the estate, such as a beneficiary, may also apply for probate.
The cost of obtaining probate varies depending on the value of the estate. The court fees are typically a percentage of the value of the estate. In addition to court fees, there may also be other costs involved, such as attorney's fees.
The probate process in India is governed by the Indian Succession Act, 1925. The process is as follows:

  • The executor files a probate petition with the High Court or District Court.
  • The court examines the petition and documents.
  • If the court is satisfied that the will is valid, it grants probate.
  • The executor receives a probate copy, which is legal evidence that the will is valid.
    • There is no time limit for applying for probate of a will in India. However, it is generally advisable to apply for probate as soon as possible after the death of the testator. This is because the probate process can take several months to complete, and there may be delays in distributing the assets of the estate if probate is not granted.
    If you die without a will, your estate will be distributed according to the laws of intestacy. The laws of intestacy vary from state to state, but they generally provide that your estate will be distributed to your spouse, children, parents, and siblings in a predetermined order. If you do not have any living heirs, your estate will escheat to the government.

    It is important to note that dying without a will can lead to a number of problems, including:

  • Delay in distributing assets: The process of distributing an estate without a will can take several months or even years.
  • Disputes among heirs: Family members may disagree about how the estate should be distributed.
  • Increased costs: The cost of administering an estate without a will is typically higher than the cost of administering an estate with a will.
    • No, a will is not automatically valid without probate. A will is authenticated through the legal procedure of probate, which secures its validity. It gives the will legal status and enables effective management of it.
    In India, a will cannot be probated prior to death. The legal procedure that follows the testator's (the person who created the will) demise is known as probate. It entails the court approving the will and giving the executor the go-ahead to carry out the will's instructions.
    The competent court to file for the probate of a will in India depends on the value of the assets mentioned in the will. The probate must be filed in the High Court if the value is higher. It can be filed in the District Court if the amount is below the cutoff.
    When there is no executor mentioned in a will, any interested person can apply for probate. This can be a relative, a beneficiary, or another individual with a proper claim to the estate. An administrator will be chosen by the court to carry out the executor's responsibilities.

    Trusted by 400,000 clients and counting, including …

    startup
    springboard
    oyo
    chakra
    dbs
    uber
    ficci
    ap-gov

    footer-service

    Start a Business

    Trademark & Copyright

    Govt & Tax Registration

    Legal Documentation

    TOOLS

    facebook-logotwitter-x-logoyoutube-logolinkedin-logoinstagram-logo