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Legal Help Kolkata   15 July 2023

Probate petition allowed experte.. need guidance

Once judge allow a probate petition, what are the final steps to perform in order to get the probate certificate? Shall I have to file any further petition to get the certificate? If yes...what is the subject matter or format to write the petition?Pls guide



 1 Replies

Pankhuri Rastogi   24 October 2024

I read your query and I would like to answer the same as per my knowledge. 

After the judge has granted a probate petition, there are a few requirements that you have to perform to get the certificate. Please make sure to fulfill all the requirements which I am going to mention below to obtain the certificate without any hassles and avoid any future issues regarding the probation. 

Firstly, you have to pay all the required fees that are applicable in the court. The fees are generally calculated on the basis of the market value of the estate. Keep this in mind to pay all the fees as the court does not issue the certificate until the clearance of all the payments.  

Next, there are some situations, under which you may have to file a petition for the formal request regarding the issuance of the probate certificate. This petition will generally include information about the fact that you have performed all the necessities and now you are seeking the certificate of probation. Make sure to attach following documents also:

Original probate order

Affidavit to prove that all the formalities and payments have been completed. 

After the submission of the petition, you can ask your advocate to prepare a draft of the probate certificate, outlining the details such as the name of the executor, summary of the will and all the assets involved. 

After the verification of the completion of all the steps which were necessary, the court will subsequently sign and issue the certificate of probation. After this, no further hearings will be required. 

I hope I was able to resolve your confusion and if any further clarifications are required, then please feel free to ask. 

Thank You. 


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