Jaykumar S (SE) 27 August 2014

Time to probate the will

Can you please let me know what is the reasonable time do we have to probate the will after the death of the person who wrote the will as we are living outside india and planning to come back only after 2 years. Do you see any problems in this approach ?

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4 Replies

Arpit lalan (Legal Consultancy/Advocate) 27 August 2014

yes. you have a problem my friend. The will has to be probated within 2 years from the death of the testator.

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Arpit lalan (Legal Consultancy/Advocate) 27 August 2014

please consult a lawyer immediately since probate takes 8-10 months from the court. you can come down to India, engage a lawyer, finidh the application and then leave. Its only a few days.

Arpit lalan (Legal Consultancy/Advocate) 27 August 2014

so take an appointment with a lawyer and finist it off!! do not waste time. since probate is most important. the court is certifying the will!!

T. Kalaiselvan, Advocate (Advocate) 31 August 2014

It should be probated within two years from the date of knowledge. However, if you are the only two beneficiaries in the Will, what is the necessary for grant of probate, the Will can be acted upon directly (if you do not foresee any objection to it from any corner)