Probate Of Will

Will Probate mean a process in which legality of the will to determine incompetent administration whether it is valid and authentic as per the Indian succession act, 1925. Probate issued to the executor of the will. Probate does not always proceed upon death, mainly the deceased individual property is of a high-value estate. In many cases, the deceased individual well establish documents in which written the instructions that the assets should be divided or distributed after his death

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How to apply

Application of probate of the will 

A person can apply for probate after seven days of death deceased. The Will probate is granted to the executor by the high court with a copy of the same attached. The application needs to be built by the lawyer as per the jurisdiction of the respective high court.

Grant of probate 

Once the application is submitted to the authorities, it must be verified and a letter sent out to the nearest cousins or individual of the deceased for probate. A general notice publishes in public for giving a fair opportunity to raise any objection to the grant of probate. If no objection certificate receives, Will probate issues by paying the court fees, the same depends upon the value of the asset. Probate may cost a bit percentage of inherited property by court fees and lawyer fees if in case there are multiple assets to handle and immovable property

Key Requirements

Documents required for a probate

  • Copy of the Will order.
  • Death certificate of the deceased person 
  • A letter that state the person is of sound mind when prepare will 
  • Proof the order that has been executed by the deceased
  • It should duly carry.
  • The petitioner is the executor named in the will
  • Reasons probate is necessary 
  • When there was no will, probate is to determine the beneficiary of the descendent asset and property. 
  • To properly distribute the name of the beneficiary, a valid will must exist.
  • Probate of Will is necessary when there are issues with an existing document a mistake in the deed, any fraudulent execution at the time of the draft, or if the descendent is not a sound mind. 
  • Probate of will is necessary when property and assets are on the name of the deceased and had no other name.
  • When there is no beneficiary of the descendent probate is compulsory.

Seeking a grant of will probate is a bit time-consuming process that will be compiled by the legal executor of the will of the deceased for which it requires time and money for the payment of court fees depending on the value of assets. As per the Indian succession act,1925, the probate of a will can be granted only to the executor appointed under a will, and an application must be applied. Probate of the will must be build when the will is for immovable property in Mumbai, Calcutta, and Chennai.

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