Probate
ashok khare
(Querist) 07 June 2012
This query is : Resolved
Sir, please guide,
How to make Probate?
What is the procedure for Probate?
ajay sethi
(Expert) 07 June 2012
if testaor has died leaving a will and has appointed executor then executor has to apply for probate . if you are in Bombay then you have to file it in Bombay High court
A V Vishal
(Expert) 07 June 2012
A probate is a copy of a will certified by a court of competent jurisdiction. It proves that it is the last and final will of the deceased penned on a particular date. A probate is granted with the court seal and has a copy of the will attached to it. An administrator or executor appointed under the will may not be able to administer its provisions without a probate. It may also be necessary when the deceased leaves behind securities with various nominees and there is a dispute on their division. The nominee can only hold the assets in trust till these are divided as indicated in the will after a probate has been obtained. In the absence of a will or nomination, succession laws come into play.
Application
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
Fees
The court may impose a percentage of assets as a fee to issue a probate.
Points to note
Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.
If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate.
A probate is a must when the will is for immovable assets in Mumbai, Kolkata or Chennai.
Sankaranarayanan
(Expert) 07 June 2012
Borth of my learned friend given answer by his way of ideas. I do agree the same no word is need more
