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Probate of A Will

Probate is a legal process that authenticates a will and allows the executor named in the will to administer the estate. It involves submitting the original will and other required documents to the court of appropriate jurisdiction. The court will then examine the will's validity and grant letters of probate, which establishes the will and allows the executor to distribute assets according to the will. Probate is only required for certain estates based on factors like religion. While there is no time limit to apply for probate, it is necessary to do so in order for the will to have legal standing and for the executor to carry out their duties.

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732 views

Probate of A Will

Probate is a legal process that authenticates a will and allows the executor named in the will to administer the estate. It involves submitting the original will and other required documents to the court of appropriate jurisdiction. The court will then examine the will's validity and grant letters of probate, which establishes the will and allows the executor to distribute assets according to the will. Probate is only required for certain estates based on factors like religion. While there is no time limit to apply for probate, it is necessary to do so in order for the will to have legal standing and for the executor to carry out their duties.

Uploaded by

SD
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Frequently Asked Questions - Probate will

Q1.What is meant by Probate of a Will?

Ans:- According to Section 2 of the Indian Succession Act, 1925, Probate means "the copy of a
Will certified under the seal of a court of competent jurisdiction with a grant of administration of
the estate of the testator". It is nothing but a decree passed by a competent court declaring the
legality/correctness and genuineness of the Will of the deceased.

Q2. Is it necessary to Probate a Will?

Ans:- Under Section 219 of the Indian Succession Act, 1925, if the deceased has died intestate
and was not a person belonging to any of the classes referred to in Section 218 (i.e, Hindu,
Mohammedan, Buddhist, Sikh or Jain or an exempted person), those who are connected with
him either by marriage or by consanguinity are entitled to obtain Letters of Administration of his
estate and effects in the order and according to the rules framed in this section.

Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to
apply for letters of administration (Probate). It is optional and not mandatory for these persons to
seek probate of the Will.

Q3.What are the advantages of a Probated Will?

Ans:- Probate of a Will when granted, establishes the genuineness of Will from the death of the
testator and renders valid all intermediate acts of the Executor as such.

Q4. What will be the legal consequences if the Will is not Probated?

Ans:-If the Will which is required to be probated, under the Act, if not probated, has no legal
sanctity and binding force.

Q5. What is the time frame within which a Will is to be Probated?

Ans:- There is no limitation for grant of letters of administration or probate. Where the estate is
in the possession of administrator there is no question of the Probate Court delivering the
possession to him but the probate will be decisive only with regard to the genuineness of the Will
propounded and the right of the executor to represent the estate.

Q6. Which is the appropriate Court to file the suit for the Probate of a Will?

Ans:- Principal Court of Original Jurisdiction as per the local City Civil Court Act. The High
Court also enjoys concurrent jurisdiction to grant probate of the Will.
Q7. Who can apply for the Probate of a Will?

Ans:- According to Section 222 of the Indian Succession Act, 1926, Probate shall be granted
only to an Executor appointed by the Will. The appointment may be expressed or by necessary
implication. In the absence of the Executor being named in the Will, the Legatees or the
Beneficiaries under the Will could also seek probate of the Will.

Q8. What are the documents to be submitted for obtaining the Probate?

Ans:- Following must be submitted:-

Original Will of the deceased.

Title Deeds pertaining to the immovable property mentioned in the Will, if any.

Documents pertaining to the movables, mentioned in the Will, if any.

Q9. What is the fee payable for a Probate?

Ans:- Andhra Pradesh Court Fees and Suits Valuation Act, 1956, has several parameters for levy
of court fees on probate application and the same is exhaustive.

Q10. What is the procedure for obtaining a Probate?

Ans:- A petition has to be filed before the Principal Court of Original Jurisdiction or before the
Hon'ble High Court under Section 374 of the Indian Succession Act. The Court in question will
issue the court notices at the initial stage and a paper publication will be caused besides a Gazette
publication as well. In case such a petition is contested, it will be converted into a regular suit
and upon contest the same will be disposed of, by delivering the judgment and decree, in
accordance with law.

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