cities
Probate granted
Years experienced lawyers
legally valid
Advisory and appointment of lawyer
India for NRI shall assist you end-to-end in advisory, process and correspondence
Submission of affidavits by legal heirs
All legal heirs and witnesses are required to submit affidavits along with the list of all properties with their valuations.
Court fees to be paid depending on wealth size
These fees are also different across various courts as per State laws.
Court Visits and objections, if any
The entire process takes about 6-12 months depending upon location, complexity in assets and co-operation of all family members.
In case
will is not present
Failure on
part of executor of will to accept executorship
Non appointment
of executor in will
Legal incapacity
or refusal by executor
Death of
executor of will
Registration of
will & Probate are not same
Issued by
Tehsildar
Court fee
applicable based on value of property
Income Tax not
applicable on transfer of assets to trust
Tax efficient
structure for inheritance planning
Stamp duty
applicable on transfer of assets to trust
|
Letter of Administration | Probate of Will |
|---|---|---|
| Required when deceased died intestate or named executor unable to fulfill duties? |
|
|
| Validates authenticity and validity of the will? |
|
|
| Appoints an executor/administrator? |
|
|
| Allows for distribution of assets according to state laws? |
|
No (assets distributed as per deceased's wishes outlined in the will) |
| Applies when deceased had no valid will and assets need distribution? |
|
No (requires a valid will) |
| Determines legal heirs and their entitlement to the estate? |
|
|
| Necessary when there's a dispute over inheritance or legal heirs? | ||
| Nomination or Will Execution |
|
|
| Applying for Government Benefits |
|
|
| Settling Legal Disputes |
|
|
| Claiming Movable assers |
|
|
| Can Distribute Assets Immediately? |
|
|
| Guardianship | Can be desginated |
Can include provision for Minor care |
| Legal challenges | More susceptible |
Less suspectible |
| Court intervention ? |
|
|
Letter of Administration | Succession Certificate | Legal Heir Certificate | |
|---|---|---|---|---|
| Purpose | Administer estate without a will. |
Establish legal heirs' shares in property. |
Establish legal heirs for inheritance. |
|
| Issuing Authority | Court |
Court |
Local authorities/Court |
|
| Granted To | Administrator(s) |
Legal heir(s) |
Legal heir(s) |
|
| Prerequisite | Absence of a valid will. |
Absence of a will/disputes. |
Proof of relationship. |
|
| Scope of Authority | Estate administration. |
Transfer/deal with property shares. |
Establish status, no authority. |
|
| Validity | Valid for estate process. |
Limited time for property transfer. |
Status certification. |
|
| Application Requirement | Detailed application. |
With death certificate, documents. |
With documents proving relationship. |
|
| Court Involvement | Necessary for grant. |
Court issues. |
May or may not involve court. |
|
| Time Consuming Process | Usually time consuming |
Usually time consuming |
Quicker to process |
|
| Costs Involved | Court fees, legal expenses, etc. |
Court fees, legal expenses, etc. |
low cost |
|
| Bypasses probate |
|
|
|
Depends on the terms |
| Offers asset protection | Limited |
|
Limited |
|
| Management of assets | Grantor retains control |
Trustee manages |
Trustee manages |
Depends on the terms |
| Can designate beneficiaries |
|
|
|
|
| Offers privacy |
|
|
|
Depends on the terms |
| Can hold specific assets |
|
|
|
|
