Overview of Probate of Will
Probate is the court‑certified validation of a deceased’s will, empowering the executor to administer the estate in accordance with the testator’s wishes and settle liabilities.
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What Is Probate of a Will?
Under Section 2(h) of the Indian Succession Act, 1925, a will is a testator’s declaration for post‑death asset distribution. Probate is the legal process by which a competent court certifies that the submitted will is genuine and grants the executor authority to administer the estate.
When Is Probate Required?
Probate is mandatory in jurisdictions formerly under the Lieutenant‑Governor of Bengal or the High Courts of Madras and Bombay (now West Bengal, Chennai, Mumbai) and for Hindu, Sikh, Jain or Buddhist testators there. It’s also essential if the will is contested, unclear, or additional legal certainty is needed.
Key Advantages of a Probated Will
● Protects the estate from unauthorized claims ● Enables smooth distribution to beneficiaries ● Provides public acknowledgment of heirs ● Allows creditors to present claims within 90 days ● Strengthens executor’s authority and legal standing
1. Documents Required for Probate
● Original death certificate of the testator
● Original or certified copy of the will
● Evidence of voluntary execution (no coercion/fraud)
● Identity proofs of executor and beneficiaries
● Proof of relationship (if requested)
● Court fee challan as per Court Fees Act
● Any additional documents ordered by the court
Procedure for Will Probate
1. File probate petition with District Judge within 7 days of death, verified as per CPC.
2. Submit to High Court having jurisdiction over the deceased’s property.
3. Provide death certificate, will, affidavits; court issues public notice inviting objections for 30 days.
4. If no valid objections, court grants probate certificate.
5. Executor uses probate to distribute assets & settle liabilities.
Why Choose DoStartup for Probate Assistance
1. Expert guidance on jurisdiction and document preparation
2. Drafting and verification of probate petition
3. Coordination with court registry and follow‑up
4. Public notice publication and objection handling support
5. Timely delivery of your probate certificate