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Why Does A Will Need To Be Probated?

To confirm the validity of a will as the final will, it needs to be probated by a court of law so that the action to be executed is based on what’s written in the last will

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  The Probate of a Will

In legal terms, probate is the legal process by which a will is validated by the court as the last will of a deceased testator. In simple terms, probate means a copy of certification from the court or competent jurisdiction that a will can be transferred to a beneficiary of the will

  Benefits Of A Probate Will

It helps protect small estates. It gives direction to cases where there is no will in place so that the right beneficiary gets the testator’s inheritance. The probate process is beneficial to those who want to publicize the distribution of the will. Probate gives you the chance to close out all creditors to the estate within a 90-day period. It can be used as a tool to challenge a creditor’s claim in a court of law if you think that the creditor has falsely made a claim. Probate offers the court the opportunity to handle a disputed will. Probate of a Will establishes the authenticity of a will after the death of the testator and shows the executors and legal heirs to the content of the will

  Checklist For A Probate Will

The will must be drawn in favour of the applicants or applicant, by the testator of a will. Will should be registered, and subject to probate should not be revoked by the testator. The death certificate of the testator must be obtained by the applicant. Court fees duly paid in accordance with the Court Fees Act. The appropriate jurisdiction to file the application shall be identified

  What Is The Procedure For Getting A Probate Will?

While you might think that the process for a probate is difficult and time consuming, it is not. The entire process is done in 4 steps, which are:

Prepare The Application

The first step is to prepare an application to the District Judge via a petition duly signed and verified by or on behalf of the applicant, in the format prescribed under the Code of Civil Procedure, 1908. This should be done 7 days after the testator’s death

  What Are The Documents Required For A Probate?

A copy of the will, if one was created. The municipal death certificate of the testator. A letter stating that the testator was of sound mind when preparing the final will. Proof that the will has been executed by the testator.

  How Can We Help In Drafting A Relinquishment Deed

The relinquishment deed is prepared by an assigned legal representative from IndiaTax

The deed is registered under section 17 of the 1908 registration act, to make it legally valid.

A stamp paper is purchased and used for the registration process.

The Vakilsearch’s legal representative will coordinate with the Sub-Registrar’s office to secure a date for the registration process. The registration fee is also paid.

The parties involved in the relinquishment process arrives at the Sub-Registrar’s office to sign the deed, along with two witnesses.

FAQs on Probate of Will

Probate is required when a testator owns the full estate or property. It is a must in cases where there are no co-owners to the property. By law, probate is mandatory for a testator’s property to be transferred in the names of his/her beneficiaries.

In cases where the surviving spouse was a co-owner of all the property there is no need to go through probate in court. But if the surviving spouse is not a co-owner, probate in court is necessary for the transfer of property

It generally takes around six to nine months for probate to go through court. However, if there are any objections during the process, it may take more time, depending on the severity of the objection and investigations required

Probate is required when a testator owns the full estate or property. It is a must in cases where there are no co-owners to the property. By law, probate is mandatory for a testator’s property to be transferred in the names of his/her beneficiaries.

In cases where the surviving spouse was a co-owner of all the property there is no need to go through probate in court. But if the surviving spouse is not a co-owner, probate in court is necessary for the transfer of property

If a beneficiary dies during the probate period, the assets transferred to his/her name is transferred to the deceased beneficiary’s, surviving beneficiaries

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