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kishore kumar   18 May 2022

probat time

as per the law what is the maximum time to get probat from court?


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 May 2022

Hello,

There is no limitation to getting the probate from the court. 

Shweta   19 May 2022

Probate can be applied for after 7 days of the death of the testator. The entire process of Probate of will takes at least six to nine months to complete. It is also essential to understand the meaning of probate and difference between will and probate.

The word probate simply means to prove or validate something. According to the Indian Succession Act, 1925, Probate of will, when granted establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such. Probate is a certified copy of the will which is the official proof. The executor issues it with a seal of the court that authorises him to execute or implement the bill. Probate adds a legal character to the will.

In other words, probate is a legal process which facilitates the deceased person to distribute his estate properly amongst his heirs and designated beneficiaries. It also provides for paying off the debt owed to the creditors.

However, if there is any objection to the public regarding the Will, then the Probate of Will process can even take up to 2 years to get completed, but it highly dependent on the seriousness of the objection.

I hope this helps to resolve your query.

kishore kumar   20 May 2022

Thanks a lot Resp.Shweta ji &Shirish ji.
pl reply my last question :- if there is no challenger of will in family who is directly related to testator, should beneficiaries go to get probate?
Thanks.

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