Probate is an important legal process that ensures a deceased person’s assets are distributed according to their final wishes. After someone dies, their will is presented to a probate court for validation. The court confirms the legitimacy of the will, appoints an executor or personal representative to manage the estate, and proceeds with identifying and assessing the deceased’s assets. During the probate process, any outstanding debts and taxes are paid off, and the remaining assets are distributed to the beneficiaries named in the will. Although probate can be lengthy and may involve legal costs, it provides a clear and structured process for managing the estate, safeguarding the rights of both creditors and beneficiaries.
How To Obtain A Copy Of Probate Will?
To obtain a copy of a probate certificate in India, follow these steps:
Submit a petition for probate in the district court where the deceased resided. Include the original will and necessary documents.
Documents Required are original will, death certificate of the testator, affidavit affirming the will’s validity, no Objection Certificates (NOCs) from other legal heirs, if applicable
The court will issue notices to legal heirs and publish a public notice. If no objections arise, the court will proceed with granting probate.
Once probate is granted, request a certified copy from the court, which may involve a nominal fee.
Consider hiring a lawyer for guidance through the process to ensure compliance with all legal requirements.
Is Probate Mandatory In Every Jurisdictions?
Probate is mandatory in specific regions, including Mumbai, Chennai, and Kolkata, if the deceased either resided there or owned property in these areas. In other jurisdictions, probate is not obligatory. However, obtaining probate is recommended for everyone, as it provides a more secure legal title to the assets.
Who Can Be Granted Probate?
Probate can only be issued to the executor named in the will. This appointment can be explicitly mentioned or implied by the content of the will.
Probate cannot be granted to:
A person who is a minor or mentally incapacitated
A group of individuals, unless it is a registered company that meets the conditions set by state regulations.
What Is The Eligibility For Letters Of Administration?
If the deceased was Hindu, Muslim, Buddhist, Sikh, Jain, or an exempted individual, and they passed away without a will (intestate), the court can grant letters of administration to any person entitled to inherit the estate based on the legal rules of inheritance.
If multiple eligible people apply, the court has the discretion to choose whom to grant administration to. If no one applies, the administration can be given to a creditor of the deceased.
What Are The Rights Of An Administrator?
A letter of administration gives the administrator the same rights over the deceased’s estate as if they had been appointed at the time of the deceased’s death. To obtain a letter of administration, the beneficiary must submit an application to the court, which must include proof of the will’s valid execution. Once satisfied with the evidence, the court issues the letter of administration.
The application should contain the following details
The date of the testator’s death
Confirmation that the attached document is the deceased’s last will and testament
Evidence that the will was properly executed
The estimated value of assets the petitioner is likely to manage
Confirmation that the petitioner is the executor named in the will.
