Probate on will

Prakash (Querist) 20 September 2017 This query is : Resolved
1. What is the approximate cost of getting probate on will from court ?
2. Is it better to get the property transferred when the person is alive and old, rather than register a will, and then pay money for probate on will ?
3. Think probate on will is required even for transfer from parents to children of a flat in co-op socy. Kindly confirm.
4. Is Probate of Will required for transfer flat in coop socy from Husband to Wife ?

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Rajendra K Goyal (Expert) 20 September 2017
Please do not set question paper for the examination.

Discuss real problem by giving brief material facts and query.

Prakash (Querist) 20 September 2017
The fact is I am trying to understand if it is better to write a WILL or transfer the property. I am trying to understand the difference in costs. Exact cost need not be mentioned. Finally it is dependent on the person writing the WILL.

Prakash (Querist) 21 September 2017
Transfer when alive or WILL which will save cost for the hiers is the short question.

Kishor Mehta (Expert) 21 September 2017
The reply to your queries no. 3 and 4 is "YES". (1) A Will needs to be probated and court fees vary from State to State. (2) When a property has to be transferred it attracts stamp duty and registration charges these also vary from State to State.
You are the best person to decide what is suitable to your needs.

Adv. Yogen Kakade (Expert) 21 September 2017
If you are in blood relation of the owner of the property then currently gift deed can also be an option for you if you are thinking about the cost..
Discuss with your lawyer to know the charges for filing a probate of will.