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How to obtain probate of a Will

A Will is an important legal document which must be drafted with the help of an Advocate. Probate legalizes only a valid Will

People approach us with many queries relating to the probate of a Will. Here we discuss some of those queries.

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What is a Will?

A Will is a legal document. It contains the desire of a person for the distribution of his assets after his death.

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What is probate?

Probate is proof of the Will, i.e. evidence of the fact that a Will exists and is authentic. As defined in the Indian Succession Act, 1925, probate is the copy of the Will issued to the executor with a seal of court and permission to handle the estate of the testator.

Probate is an authority given by the court to the executor named in the Will. It is required to execute the Will as per the wish of the deceased. There is a process to obtain a legal document called “Grant of probate” from the court.

The executor needs this authority for administering the Will. It is used for managing the property of the deceased as per the tenor of the Will.

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Is probate of a Will necessary?

No, it is not necessary to obtain probate of a Will in every case. However, it is required when the Will is made by a Hindu, Buddhist, Jain or Sikh and

If the Will is made in any of the areas subject to the jurisdiction of Governor of Bengal and within the local civil jurisdiction of High Courts of Madras and Bombay or
If the Will is made outside but related to immovable property located in said areas.

No probate is necessary in case of Wills made by Mohammedans.

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As per section 213 of the Indian Succession Act, an executor or legatee (beneficiary) can establish its right under a Will in any Court only if the Will is probated. A probated Will is required only in abovementioned two cases.