What is the Procedure for Will Probate?

The process of probate of the will is divided into 4 easy steps:

• In the very first step, a legal heir or the executor is required to file an application for probate of will to the district judge by way of a probate petition. The petition must be duly signed and verified by the applicant. The probate petition must be made as per the format prescribed under the Code of Civil Procedure of 1908. The executor needs to file an application after 7 days of the death of the testator.
• After completing the first step, the executor is required to send the application to the High Court in which the property of the deceased is situated. The lawyers from Canjain can prepare the application which is required to be submitted.

The executor is also required to submit Documents to verify the genuineness of the will such as the death certificate of the testator and other essential Documents. Submission of such Documents will prove the credibility of the will.

• After the court receives the Documents, the authority is required to verify the information mentioned in the Documents. The nearest family member of the deceased is invited to claim the probate. It publishes an advertisement in a local newspaper to invite interested parties to raise objections, if any. After completion of 30 days, if there are no objections received, the court issues the probate.
• After issuance of probate, the executor or administrator is under an obligation to dispose of and distribute the property of the deceased person as per his/her intentions mentioned in the will. the executor then distributes the estate of the deceased to the beneficiaries whose names have been mentioned in the will.

Is it Mandatory to Probate a Will?

People usually don’t have much idea whether it is mandatory to probate a will or not. As per the provisions stated under the Indian Succession Act of 1925 a probate of the will is mandatory under certain circumstances. These are as follows:

Whenever a will is made by a person who is living at a place which was previously under the rule of the Lieutenant-Governor of Bengal or under the local limits of High Courts of Judicature at Madras and Bombay, the probate of the will is mandatory. In the present times, these places are – the state of West Bengal, the municipal limits of cities such as Mumbai and Chennai. If a will is being made by a person living in the above-mentioned places, it is mandatory for probate of will even if the testator does not own an immovable property to be included in the will.

In case a will is made by a person belonging to the Hindu, Sikh, Jain or Buddhist religion, it is mandatory to probate a will.

If a will does not fall under the above-stated conditions, it is not mandatory for the executor/administrator to probate a will. Also, no person can be stopped from applying for probate of a will in situations where it is not mandatory. Thus, it is suggested to the people to obtain probate to avoid any chances of interested parties claiming the will to be invalid on several grounds.