Will Probate

THE PROBATE OF A WILL

A will is validated by the court as the last will of a deceased testator is a probate. It’s a legal process. Probate means a copy of certification that is will can be transferred to a beneficiary of the willfrom the court or competent jurisdiction, in simple words.

BENEFITS OF A PROBATE WILL

Small estates are protected.

Where there is no will in place so that the right beneficiary gets the testator’s inheritance it gives direction to cases.

Who wants to publicize the distribution of the will for those the probate process is beneficial.

The chance to close out all creditors to the estate gives by probate within a 90 day period.

If you think that the creditor has falsely made a claim it can be used as a tool to challenge a creditor’s claim in a court of law.

The opportunity to handle a disputed willProbate offers the court.

After the death of the testator and shows the executors and legal heirs to the content of the willProbate of a Will establishes the authenticity of a will.

CHECKLIST FOR A PROBATE WILL

By the testator of a will, the will must be drawn in favour of the applicants or applicant.

Subject to probate should not be revoked by the testator and will be registered.

The applicant gives the death certificate of the testator.

According to the Court Fees Act Court fees duly paid.

To file the application the appropriate jurisdiction shall be identified.

PROCEDURE FOR GETTING A PROBATE WILL?

Prepare the Application

In the format prescribed under the Code of Civil Procedure, 1908prepare an application to the District Judge via a petition duly signed and verified by or on behalf of the applicant, this is the first step. 7 days after the testator’s death this should be done.

Submit the Application

Under the jurisdiction of the property, the application needs to be prepared by lawyers and sent to the high court. In some cases the application may accept by a lower court also.

Submit Documents

While applying for probate certain documents are required to be submitted. For proving that the will is genuine you need to show the documents. the death certificate of the testatorYou will also need to show and the will was executed by the testator as per his/her own free will submit a document to prove these.

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Once the court receives the application,to claim the probateissues an invitation letter to the nearest kin of the deceased after it verifies all details. In case of any objection invite a letter is also stuck at prominent places for public view. There is no objection from the kin or the public if, after 30 days,the probate is issued.

Documents Required For THE PROBATE OF A WILL


Copy of the will.


The municipal death certificate of the testator.


Proof that the will has been executed by the testator.


A letter stating that the testator was of sound mind when preparing the final will.

THE PROCESS OF A PROBATE

Step 1


Authenticating the last will and testament.

Step 2


Appointing the executor or personal representative.

Step 3


Executor posts bond.

Step 4


Thedecedent’s assets.

Step 5


Determine the date of death values.

Step 6


Identifying and notifying the creditors.

Step 7


Paying the decedent’s debts.

Step 8


Preparing and filing a tax return.

Step 9


Partition.

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