Probate of Will is granted by a Court of law which serves as official proof of the will issued to the executor as per directions of the testator. Experts at Filecrat will guide you on getting a probate for a will.
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Probate is an official document granted by the Court as an “official proof of will” which works in accordance with Section 57 and Section 213 of the Indian Succession Act, 1925. This is a process wherein a will is issued to an executor for execution as per the directions of the testator. A probate in India is issued for a will made by any Indian - Hindu, Buddhist, Sikh or Jain. The whole process certifies a will under the seal of the court as an approval to execute the will.
Application for Probate
As per Section 57 and Section 213 of the Indian Succession Act, 1925, a probate is granted to an executor(s) by the High Court on providing on submission of an application of probate with all the required documents. Further, Section 222 of the Act provides that a probate can only be granted to an executor. An executor is eligible to apply for a probate only after 7 days of the testator's death.
A probate for immovable property of small value can be issued by a lower court and a probate for immovable property of a higher value is issued by a High Court.
STEP 1: Preparation of the application to file in court along with the concerned will. The executor of the will shall be the petitioner in the application. Application must include the following information:
- Time of the death of testator
- Description of Testament
- Description of concerned properties and assets
STEP 2: Signature and verification of application by the executor or beneficiary.
STEP 3: Filing of the application along with a blank stamp paper of value equal to the requisite court fee.
STEP 4: The court will issue notices to the nearest kin of deceased testator to file their respective objections.
STEP 5: Issuance of general public notice in newspaper.
STEP 6: Court will ask to furnish following documents:
- Death certificate of the testator
- Proof regarding validity of the concerned will
STEP 7: Court will ask to establish the fact that the concerned will is the last will of testator.
STEP 8: After satisfaction the court will grant probate to the executor named in the will.
- Consultation with our Experts
- Drafting of Probate application
- A copy of the will
- Proof of testator death (death certificate)
- Power of attorney in favour of a person present in India by the party in the application who is not available in India
When no executor is appointed for a will, the court will issue a letter of administration to the person seeking probate.
A letter of administration is a document issued by the court to grant the administrative rights to the beneficiaries to execute the will. Beneficiaries need to file an application for a letter of administration after the death of testator in the absence of the executor of the concerned will.
The letter of administration is granted under the provision of Section 234 of the Indian Succession Act, 1925 which states “when there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the Will, and letters of administration may be granted to him or them accordingly”.
The court fee applicable for an application of a probate depends upon the value of property.
Section 222 of Indian Succession Act, 1925 clearly states that a probate can only be granted to an executor and not any other person.
A will is a legal document under which a person gives a legal declaration of his intention which takes effect after his death.
A probate is a process of giving administration to an executor of will by a court who is authorized for the execution of a will, as per the directions of the testator.
A probate is granted by the court after the death of a testator to execute a will left by the testator while in absence of a will succession certificate is granted to the legal heirs of the deceased as per the applicable laws of inheritance.