Will Probate
Deliverables - Timeline
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Deliverables
- Drafting of comprehensive legal documents either through Ready Draft or Duly Draft
- Delivering of soft copy along with a hard copy on legal paper with further instruction (if any)
- The comprehensive documents decided by us will be final. If an entity wants any further documents to be drafted either it will be swapped with any other documents or will be charged separately.
Note :
- Above packages does not include the following expenses
- Stamp duty, Franking charges
- Notarization expenses (If Required)
- Registration charges or any other Govt. fees will be separately charged (if any)
- Only one copy of documents duly printed on legal paper will be provided through courier, extra copies will be separately charged
Our Plans
Option 1:
Single Document Drafting
- Ready Draft- Drafted by an expert
Option 2:
Mandatory Documents Drafting
- Ready Draft- Drafted by an expert
Option 3:
Comprehensive Documents Drafting
- Ready Draft- Drafted by an expert
Timeline
3 days
(from receipt of all documents)
Step 1
Send us your enquiry by duly filling enquiry form.
Step 2
Our legal experts will call you to understand your requirement and offer best suited package.
Step 3
You approve the quotation and make advance payment, your work gets started.
Probate Of A Will
Will is a legal document that specifies the person’s intention and wishes, which needs to be performed after his/her death. The maker of the will is known as the testator/testatrix, and it can be revoked only during his/her lifetime.
Probate is defined under the Indian Succession Act, 1925 as – “A copy of will certified under the seal of the court of competent jurisdiction with a grant of administration of the estate of the testator”.
The person who makes a will expresses his wishes to be executed after his death by certain persons named in the will. The persons named in the will to execute it are called its executors.
Probate can be granted only to the executor of the will. It is necessary if the will is for immovable assets in multiple states. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will.
What are the circumstances under which probate is mandatory?
Under the Indian Succession Act 1925, probate is mandatory when all the below conditions are fulfilled-
A Will within the geographical limits of the state of West Bengal and municipal limits of the metro cities of Chennai and Mumbai.
The Will is made by a Hindu, Jain, Sikh or Buddhist residing in the state of West Bengal, Chennai or Mumbai.
The Will deals with movable and/or immovable property situated in the state of West Bengal, Chennai or Mumbai.
Although the probate of the will is not mandatory in all other cases, it is advisable to obtain probate in cases where there is a probability of the validity of the will being challenged on any grounds in the future.
How to apply for probate of a will?
The following is the process for obtaining the probate of a will-
The executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them.
The executor will have to pay the applicable court fees depending upon the value of the assets.
The petition must be filed before a competent court. The pecuniary jurisdiction (Jurisdiction of the court depends on the petition’s monetary value) may require a higher court to issue probate for high-value immovable assets through an advocate.
The next step is that the court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed and confirm that this is the last will of the deceased.
Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public.
If there are no objections, then the court grants the probate.
If there are objections, then the probate petition becomes the original suit, and the parties will have to lead evidence and argue the matter. The court will pass judgment in the probate suit based on the evidence and arguments.
The cost of obtaining probate varies from state to state as the District Court grants it. The fees depend on the value of the assets, which are the subject matter of the petition. In addition to court fees, the petitioner also has to bear the lawyer’s fees. These costs will be borne out of the estate of the deceased.
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FAQs
Probate is necessary when an estate’s assets are solely in the name of the deceased person. Probate of a will is necessary to transfer the estate’s property into the name of the beneficiaries.
