How To Obtain Probate Of A Will?

Will is a legal declaration of a person’s intention, which he wishes to be performed after his death. A Will can be revoked only after a person’s lifetime. In order to make Will a conclusive binding document, it is made into probate. Probate is extremely useful for NRIs as it makes the Will binding and removes any legal questions. It is issued to the executor, who is an authorized person to execute the Will. Probate adds legal character to the Will as it is granted by High Court along with a court seal and a copy of the Will attached. Our legal team is skilled in drafting a Will and getting the same probated.

Steps Of Obtain Probate Of A Will

NRIs can obtain probate of a Will in the following steps:

  1. Application:
    First, an application is sent through a lawyer to the appropriate jurisdiction. Jurisdiction varies from case to case, depending on the residence of the applicant and location of the property. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application.
  2. Documents Required:
    In order to obtain probate, important documents like proof of death, proof of the legally executed Will by the testator are a few pre-requisites.
  3. Notification:
    After going through the above-mentioned steps, the court issues a notice to the next kin of the deceased to file objections, if any. This is done through publication of a citation on board to notify the general public.

The last step offers the chance to file for ‘probate caveat’. Probate Caveat is a document filed in court to prevent the proposed executors or administrators of a deceased person’s estate from getting allowance to administer the estate assets. This is a chance to challenge a Will itself. Probate Caveat if filed in court when someone believes that the Will was forged or was not written and approved by the deceased person. This must be filed in court before the probe is granted by the court.

When Probate Orders Are Necessary

    1. When mandated by the Indian Succession Act of 1925
    2. When there are some identified problems with an existing Will, such as some anomaly in the Will or when someone has raised questions against the Will
    3. If the Will is for immovable assets in multiple states, then probate order becomes mandatory

Grounds For Revocation Of Probate

Probate orders can be revoked if courts are convinced that the question of revocation is raised for “just cause” with “bonafide intention”. Some of the grounds are: -

    1. If there is a defect in substances of the Will
    2. If a Will is obtained fraudulently
    3. If there is any concealment of the facts or any false allegations of facts
    4. If Probate order becomes inoperative through circumstances

Legal Importance Of Probate For NRIs

Probate order gives Will a legal character. This helps NRIs in the execution of the Will. For NRIs not only it helps in establishing their rights, but it also protects their rights from any future legal questions. Execution of probate orders is a time-consuming process, but it gives the Will legality hence, it is recommended to consult lawyers and take decisions based on this.