Probate a will

Our Law Firm provides legal services and information: For the Knowledge of Clients, who is looking to Probate a Will, must know the following Procedure of Law: Probate a will
Probate is defined in Indian Succession Act, as "a copy of Will certified under the seal of a court of competent Jurisdiction. It proves that it is the last and final will of the deceased penned on a particular date.

A probate is granted with the court seal and has a copy of the will attached to it. An administrator or executor appointed under the will may not be able to administer its provisions without a probate. It may also be necessary when the deceased leaves behind securities with various nominees and there is a dispute on their division. The nominee can only hold the assets in trust till these are divided as indicated in the will after a probate has been obtained. In the absence of a will or nomination, SUCCESSION LAWS come into play.

The Will is considered to be a genuine one after the probate is granted by probate division of High Court. It binds not only the persons, who are the parties, but also others, who are not parties to the probate proceedings.

Probate will not be granted to minors, persons of unsound mind, to any association of individuals unless it is a company, which satisfies the rules, conditions prescribed and published in official gazette by the State government.

When the Will is proved, the original is to be deposited in the registry of court. The court will issue a copy of the Will with a certificate of having it made out under the seal of the court. This copy issued to the executor is called probate.

If the Will is lost or misplaced by accident and if a copy of the Will is available the probate may be granted until original Will is produced.

Application:-

The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a LAWYER / ADVOCATE.

Documents:-

The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.

Notification: -

After receiving the petition for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation on board to notify the general public.

Fees:-

The court may impose a percentage of assets as a fee to issue a probate. In Maharashtra, for example, 4% for assets between `50,000-2 lakh, and 7.5% for assets over `2 lakh. There is a ceiling of `75,000.

In addition to the court fee, the lawyer's fee also needs to be taken into account.

Points:-

Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will. If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate. A probate is a must when the will is for immovable assets in Mumbai, Kolkata or Chennai.

DISCLAIMER:This article is for general information purposes only. Always consult a Lawyer before you proceed with your case. Your situation might need a different approach.