Probation of Will


Introduction


Probate
sounds like a tedious and costly process. Probation of will is a common legal procedure wherein the assets of the deceased person are formally passed on to his/her legal heirs or beneficiaries. Section 2 (f) of the Indian Succession Act 1925 decrees that probate is legal proof of a will. 

What is the meaning of probate?

Probate refers to a judicial process through which a will is certified by the seal of a court of competent jurisdiction and it becomes a valid public document that is the last will of the deceased.

It can be classified into two stages:

  • Firstly, apply for a grant of probate or letter of administration 
  • Therefore, you can sort the debts and distribute the assets amongst the beneficiaries.

It is the duty of the Administrator or the Executor to approach the court with a probate application.  

A probate court is also known as a surrogate court, is a competent court having jurisdiction dealing in matters of probate and administration of the estate. 

An executor can apply for probate after seven days of the death of the Testator. It is advisable to apply for probate under the guidance of a probate attorney or an advocate to the High Court with competent jurisdiction. However, lower courts are also empowered to grant probate for immovable properties of less value. The value of the property decides the jurisdiction of the court.

probation of will

Importance of Probate

The term ‘Probate’ means to validate or prove something. Therefore, this indicates that probate legalizes a will/ the executor of the will to pass on the assets to the beneficiaries. For instance, if a beneficiary wants to occupy his share of a property and as per the society register, the owner is the testator who wrote the will. Until and unless the executor of the will shows probate stating that the beneficiary has authority over the property, the society may not agree to transfer the said property.

Probate is issued for a will or codicil, who may be a Hindu, Paris, Buddhist, Sikh, or Jain, primarily residing in Chennai, Kolkata, and Mumbai. If a will is made outside these cities, but the property/asset is located inside, it would still need a Probate. 

Probate procedure in India

The procedure for probation of will is divided into four major steps and they are as follows: 

  • Firstly, make an application to the District Judge/High Court under whose jurisdiction the property might fall. It shall be made after seven days of the testator’s death. The petition should be in a prescribed format given under the Code of Civil Procedure, 1908.
  • Secondly, submit documents that shall verify the genuineness of the will, death certificate, and other documents. 
  • After the court receives the application, it shall verify the details. The next step is to invite the relatives of the deceased to claim the probate. 
  • Lastly, the court publishes a public notice at prominent places for the invitation of any objection. If there is no objection raised within 30 days, the court shall file no objection, the probate shall be issued.

Conclusion

Probation of will is one the services ELT Consultants offer to its customers. As read above, the given service is very tedious and complicated, therefore it requires expert advice. We have been dealing in this area for a very long time and are the best probate attorney in the city.

FAQs

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. 

Probation of will can be done in four easy steps and they are as follows:

  • The first step is to make an application to the District Judge/ High Court as per the jurisdiction of the property may lie. One should note that the application shall be made after 7 days of the testator's death. 
  • The second step is to submit the required documents to verify the authenticity of the will, death certificate and other documents.
  • In the next step, the court shall verify and after satisfaction, it shall invite the relatives of the deceased to claim the probate. 
  • In the last step, the court shall publish a public notice to invite in case of any objection and in case of no objection is raised in 30 days, the court shall issue the probate.

The court shall impose a particular percentage of assets as fees of court to issue a probate. 

Probation of Will is a tedious and an expensive process which the common public may not be able to understand. Therefore, it is highly advisable to take the help of an experienced advocate. ELT 

It is a time consuming process and it may vary from one month to six months. 

Efficient and Effective Estate Planning Advice.

Fill out the form below. We’ll get back to you soon or give us a call on +91-9899997002