Probate of Will

Probate means a copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator.

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Our Process

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A petition for Probate is prepared the expert lawyers

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The petition is verified and signed by the executor or beneficiary

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Petition alongwith a blank stamp paper of value equal to the requisite court fee is submittted to the court

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After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of Probate

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A general public notice is also given in a newspaper

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On the satisfaction that the will in question has been validly executed the court will grant Probate to the executor named in the will

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It generally takes 6 to 8 months for grant of Probate

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Probate of Will

Price

Probate of Will
$1500

Total Value

Base Price :$0

Total Amount :$0

Documents Required

Original Will of deceased

Title deeds pertaining to immovable property, mentioned in the Will

Documents pertaining to movable property, mentioned in the will

Death Certificate of testator

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Frequently Asked Questions

Under Section 219 of the Indian Succession Act, 1925, if the deceased has died intestate and was not a person belonging to any of the classes referred to in Section 218 (i.e, Hindu, Mohammedan, Buddhist, Sikh or Jain or an exempted person), those who are connected with him either by marriage or by consanguinity are entitled to obtain Letters of Administration of his estate and effects in the order and according to the rules framed in this section. Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek Probate of the Will.

Probate of a Will when granted, establishes the genuineness of Will from the death of the testator and renders valid all intermediate acts of the Executor as such.

If the Will which is required to be Probated, Under the Act, If not Probated, has no legal sanctity and binding force.

There is no limitation for grant of letters of administration or Probate. Where the estate is in the possession of administrator there is no question of the Probate Court delivering the possession to him but the Probate will be decisive only with regard to the genuineness of the Will propounded and the right of the executor to represent the estate

Principal Court of Original Jurisdiction as per the local City Civil Court Act. The High Court also enjoys concurrent jurisdiction to grant Probate of the Will.

According to Section 222 of the Indian Succession Act, 1926, Probate shall be granted only to an Executor appointed by the Will. The appointment may be expressed or by necessary implication. In the absence of the Executor being named in the Will, the Legatees or the Beneficiaries under the Will could also seek Probate of the Will.

  • Probate is mandated in specific situations to ensure the orderly distribution of a deceased person's assets according to their expressed wishes. In India, Probate is mandatory in the following circumstances:-
  • If the Will is made by a Hindu, Buddhist, Sikh, Parsi or Jain in the geographical limits of Mumbai, Chennai or Kolkata.
  • If the Will includes at least one immovable property situated in either of these cities, or in case of foreign will to be executed in India.

As per law, there is no mandatory Probate requirement for Muslims and Christians. However, Probate may be required in specific cases, especially if institutions and government entities ask for it to validate the Will for smooth asset transfer

In the Probate process, the Executor plays a critical role in ensuring the Testator's wishes are carried out according to the terms stipulated in the Will. The Executor is the individual appointed by the Testator to oversee the distribution of assets and the settlement of the estate. Their responsibilities encompass a wide range of tasks, including initiating Probate, identifying the Testator's assets, notifying Beneficiaries and creditors, distribution of assets, and much more.

  • Beneficiaries are individuals who stand to inherit from the estate if the Testator left a valid Will. When a person does not leave behind a Will, the laws of intestate succession govern the distribution of assets and the legal heirs are chosen accordingly. In cases of intestate succession, the specific share may vary depending on the familial relationship and applicable laws. Legal heirs have certain rights, including:-
  • Right to Inherit: Legal heirs have a legally recognised claim to a portion of the deceased person's estate.
  • Right to Contest the Will: If legal heirs/Beneficiaries believe that the Will is invalid or it has been created under suspicious circumstances because of which they have been unfairly excluded, they have the right to contest the Will in court.
  • Right to Receive a Copy of the Will: Beneficiaries are entitled to receive a copy of the Will once Probate proceedings commence. This allows them to understand how the estate will be distributed.

  • It should contain the following facts:-
  • the time of the testator's death
  • that the writing annexed in his last will and testament
  • that it was duly executed
  • the amount of assets which are likely to come to the petitioner's hands, and
  • the petitioner is the executor named in the will

For the purposes of filing the Petition in India, it will be necessary for the executors who is not based in India to give a Power of Attorney in favour of someone in India.

  • The petitioner is asked to establish the:-
  • Proof of death of the testator
  • Proof that the will has been validly executed by the testator
  • Will is the last will and testament of the deceased.

It is recommended to get the Probate of will, even if you inherited the property through a will in a state which does not mandate the Probate of will, However at the time of selling the property, the buyer might demand the Probate of will to be done to ensure clear title of the property.