• Any person who is-
  • • not a minor, and
  • • of sound mind; and is
  • • free from fraud, coercion or undue influence
A probate refers to a copy of the will, certified by a competent court with the grant of managing or handling of the estate to the executor appointed by the testator. Also, it is mandatory when a Will is executed by a person who is a Hindu, Christian or Parsi belonging to Mumbai, Kolkata or Chennai, or pertains to immovable property located in Mumbai, Kolkata or Chennai.
Probate is a court-supervised process of authenticating the last will and testament of the deceased testator. It may further include determining the value of the assets of the deceased, clearing all dues, and distributing the left-over to the rightful beneficiaries.
  • It is the duty of an executor to:-
  • • File an application or a petition for probate in an appropriate jurisdiction, and
  • • File the death certificate and a will (if any) in the court.
A probate is necessary when assets are solely in the name of the deceased testator. It is a legal process through which the assets are transferred in the name of rightful beneficiaries.
Probate is not a mandatory process, however, it is the duty of an executor to file an application for probate after the death of the testator. It is a legal document that permits and authorizes the executor to distribute the assets as per the will.
All assets solely owned by the deceased testator are subject to probate like immovable property, jewelry, furniture, automobiles, etc.
No, it’s not mandatory. However, it’s advisable in order to avoid any dispute in the distribution of assets. No stamp duty is chargeable on registration of will however nominal registration charges are there which vary state to state where you want to get the will to be registered.
No, registration has to be done from the registrar’s office, you can do all the drafting and consultation work online and telephonically with our experts and lawyers.
At the time of registration of will, you need to carry your original identity proofs like Aadhaar card, Passport, PAN, etc.