Easily walk through the legal tangle of a probate process with our expert, professional services and timely advice.
What is probate?
A probate is official proof of a Will. The court issues a probate to the executor, or the person who is authorized to implement or execute the Will. A probate gives them the right to dispose the assets as stated in your Will.
Probates are issued to authorize the executor with a seal of approval from the court. In case there is no executor specified in the Will then please see Letter of administration.
On granting probate, the court retains the original copy of the Will and provides the executor with:
- A certificate proving that the probate is genuine and
- A copy of the Will
Do I need a probate?
If you own properties in the cities of Mumbai, Kolkota and Chennai, then the executor of your Will needs to apply for a probate before he/she can transfer/rent/occupy it in the name specified in your Will.
If the Will bequeaths a property, within a society, to you, then in order to occupy the property and transfer it to your name you need to show a probate certificate to the society.
How do I apply for a probate?
You can apply for a probate after seven days of the death of the Testator (i.e. the person who makes the Will and is the owner of the property to be distributed).
To apply you need you need to take assistance from a lawyer and apply to the High Court, in whose jurisdiction the property lies.
Now, once your application is submitted, the authorities will try to verify it. To that end they will then send letters to the nearest kin of the deceased, intimating them of the issue of probate. Plus, a general notice will be published to allow public an opportunity for raising any objection.
If no objections are received from any kin or any general public, then after payment of court fees the probate is granted. (Court fees depend upon the value of the immovable assets.)
So you see, applying for a probate is a slightly lengthy procedure and involves a lawyer and court fees. Plus, as probate has to be filed in area of jurisdiction of asset, it can be cumbersome if you live in another city/country or have to deal with many assets scattered over different cities.