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What is the definition of Probate?

Indian Succession Act defines Probate as ‘the copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator.’ Thus, probate is validation given to the Will by the competent court to proceed in the manner as specified in the Will.

Is Letter of Administration same as Probate?

The purpose of both the Probate and the Letters of Administration is to effectively administer the estate of the deceased as per the Will or the applicable laws. Letters of Administrations is similar to probate in the manner that is a certification of the Will when:

  • Either no executor has been assigned through the Will,
  • the named executor has refused to act so, or
  • Will has not been made by the deceased.

A probate is completely different from the Letters of Administration when:

  • Application for the obtaining Probate from the competent court is made by the executors named in the Will, expressly or by implication.
  • Application for Letters of Administration is applied for by any of those who shall be entitled to the whole or any part of the deceased estate.

What is the effect of Letters of Administration and Probate?

When the Probate of a Will is granted, it establishes the validity of the Will made by the testator and renders the acts of the Executor done as per the will as legal.

Grant of the Letters of Administration permits the administrator to all rights as named in the Will by the deceased and if the death is intestate then to the rights as per the applicable laws. A Probate and Letters of Administration grant are effective throughout India.

What are the services Lawyerinc offers for Probate and Letter of Administration?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Probate and Letter of Administration.
  • We will find you the best Lawyer as per your case and facts.
  • We will assist you to in the filing of application in the court of proper jurisdiction
  • We will prepare checklist of documents for executing Probate and Letter of Administration.
  • Our lawyer will draft a Probate or Letter of Administration on your behalf.
  • We will help you to execute the same and will keep in track in order to avoid troubles.
  • We shall get your Probate and Letter of Administration drafted and executed without any issue.

*Any court fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Probate and Letter of Administration and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

Who can apply for the Probate?

1. It cannot be granted to a minor or any person of unsound mind

2. It cannot be granted to any association of individuals except when it is a company.

3. Probate can be applied only for by the executor.

  • When there are several executors, probate may be applied for by all of them simultaneously or at different times.
  • if a codicil is discovered after the probate has been granted and the same executor has been named for it, a separate probate of that codicil may be applied for by the executor, subject to certain conditions.
  • If the executors appointed by the codicil are different, the probate may be revoked, and a new probate may be for the Will and the codicil together, subject to the Court’s discretion.

Who can apply for the Letters of Administration?

Any beneficiaries may apply for Letters of Administration for the estate to a deceased person. A beneficiary is a person who either is named so in the Will (a Will without a named executor) or according to the applicable rules shall be entitled to a part or whole of the deceased’s estate. In the event where more than one person applies, the court may as per its own prudence grant the Probate/ Letters of Administration to any one of them.

How to apply for the Probate or Letters of Administration in the Court in court?

For obtaining the Letter of Administration, the beneficiary has to apply to the court of original jurisdiction through a lawyer whereas, for the probate, the executor shall make an appropriate application.

1. The application for Probate / Letters of Administration has to contain the following details:

  • The name of the testator and the time, date and place of his death;
  • If applicable, that the annexed Will was the last will and duly executed,
  • If applicable, the name of the executor or executors;
  • Details of the beneficiaries;
  • If applicable, details of the other heirs;
  • The details of assets specified in the Will and its proposed/ specified distribution;
  • the petitioner is the executor named in the will

2. A person may apply for Letters of Administration or Probate through a Power of Attorney.

3. The Documents of proof: A proof of death of the testator along with the Will validly executed by the testator has to be affixed with the application.

4. Notification: Upon the application being made, the court shall issue notices to the heirs of the deceased to file objections to the granting of the probate.

  • The Legal heirs may come forward with objections to the granting of the Probate/ Letters of Administration or may present a No Objection Certificate (NOC) If no one appears, the court shall assume that there are no objections.
  • A publication of the similar nature is also made in the newspaper to notify the general public.

5. Fees: A specific percentage of the assets may require to be submitted as a fee, subject to a ceiling, to the court to issue Probate or Letters of Administration.

6. When the competent court is satisfied that the Will in question has been executed in a valid manner, the Probate of Will or Letters of Administration shall be granted under the seal of the Court in the form set forth in Schedule VI or Schedule VII.

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