Will Probate

Will Probate Petition is different from the succession deed, as it is a legal validation given by the court to the will of the deceased. Probate is a copy of certification given by a court of competent jurisdiction regarding the legality of the transfer of the benefits in the will to the beneficiary. Probate is filed by the executor named in the will.

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WHY CHOOSE eStartIndia?

This organization comprises of expert legal professionals, who use their expertise in draft a will probate petition that shall cover all the legal requirements and needs of the parties. The experience and the knowledge that our professionals hold will ease out the procedure in the court effectively and establish your right in the property as well as avoid confusions or difficulties in the future.

We also have arrangements for timely addressing of clients issues and a team to keep you updated about the process.

ADVANTAGES OF PROBATE PETITION

The deserved beneficiary will get the right in the property.
The distribution of property will be done with public knowledge.
In case of false claims being made by any creditors, the process gives chance for the executor to defend and prove their side.
If the will is a disputed will, the directions to the beneficiaries will be made clear by the court by giving legal validation.
It establishes the authenticity of the will.
Validation given by Court will be final; the executor and another legal heir can enjoy property without any further disputes.

Click here to know more about the "Make a will".

DOCUMENTS REQUIRED FOR PROBATE PETITION

1. The copy of the will.

2. Death certificate of the deceased.

3. Proof that the deceased was of sound mind while preparing the will.

4. Proof that the will was executed by the deceased.

Registration Process

PROCEDURE

1. APPLICATION TO DISTRICT JUDGE: With the help of a Lawyer you have to prepare an application as prescribed in Code of Civil Procedure, 1908 and file in District Court within whose jurisdiction the property is situated.

2. APPLICATION TO HIGH COURT: The lawyer shall prepare the application and give to High Court Where the property is situated in more than one district; it is preferable to file for probate petition in High Court.

3. SUBMIT evidence: The executor has to submit evidence establishing the authenticity of the will and that the will was created by the deceased. The death certificate of the deceased also has to be submitted.

4. SCRUTINY: The court will examine the application and documents submitted and be satisfied with it.

5. ADVERTISEMENT: The court will notify the nearest relatives of the deceased to call for the objection against the will and affix a notice in a noticeable place court calling for objection from the public. And within 30 days no objections are made, then the will probate will be issued to the executor.

Package

Basic

14999 /-

Package Includes:

Make a will probate application and Submit the application by Experienced Advocate
30 min Intro call by Lawyer +Start to Finish Help + Preparation and Submission of Will Probate by Experienced Advocate

(Professional Fees)

FAQs

How long will the process of the probate petition take ?

In case no objections are raised the process will be over by 6 to 9 months and when objections are made then the process shall last up to 2 years.

Is obtaining will probate mandatory ?

In the light of Indian law in order to establish the legality of probate, it is mandatory to obtain probate from the court. In case the property has co-owners, the court efficiently distributes the property.

Who are the parties to the probate Petition ?

Executor mentioned in the will file for Probate. In a Probate Petition, the state is also made a party because it is the obligation of the state to execute the will of the deceased as per his wish. Along with state, all the legal heirs are made a party in a probate petition.

Which court has jurisdiction in the matter of probate petition ?

The Probate Petition is filed as per the pecuniary and territorial jurisdiction. However, where the property is situated in more than one district, it is advisable to file the Petition in High Court.