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:

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

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.

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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:

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.

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.