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Overview Of Probate

What Is Probate?

In India, the term 'probate' refers to the legal procedure by which a court formally recognises a deceased person's Will and authorises an executor whose name is mentioned in the Will to manage the deceased’s assets and distribute them as per law. The probate court makes sure that the deceased made the Will when they were of sound mind and without any undue influence, deception, or misuse of power. It entails a thorough examination of the contents of the Will and can call for witnesses to attest to its authenticity. Probate offers a formal framework for inheritance and helps avoid conflicts over asset distribution.

Advantages Of Probate

• Legal confirmation: A probate gives legal validation to a Will. It proves that the deceased desired such a Will. It prevents implementation of fraudulent Wills, preserving the legitimacy of the inheritance procedure.
• Structured asset distribution: Probate offers a systematic procedure for allocating assets among beneficiaries. It helps to promote a just and equitable distribution of the estate's assets, preventing conflicts among heirs.
• Dealing with debts: Probate identifies the legitimate creditors' claims against the estate. It protects the heirs from future liabilities by ensuring that the deceased's outstanding debts are properly dealt with before the distribution of assets.
• Property title transfer: Probate enables a clear transfer of title for lands and other immovable properties from the deceased to their heirs. This formal transfer protects the ownership of the property.
• Court’s supervision: Probate involves court supervision, which prevents misuse or poor management of assets by the executor. The court ensures that the executor fulfils their duties faithfully

Process Of A Probate

• Step

  01

  

  Filing Petition

  The heirs have to file a petition at the court. The will, information on the testator's death and the assets that are up for distribution should be included in the petition.

• Step

  02

  

  Notice To Heirs And Creditors

  After filing, the court notifies the heirs and creditors enabling them to object to the will or assert claims against the estate. This ensures transparency and gives room to resolve any dispute.

• Step

  03

  

  Evidentiary Hearing

  The court conducts a hearing to examine the authenticity of the will, the deceased's mental condition while writing the will and the absence of undue influence will be proved with a witness.

• Step

  04

  

  Creditor’s Claim And Debt

  A deadline is set for creditors to file claims against the estate for outstanding debts. Before allocating assets to recipients, the executor confirms these claims and settles legitimate debts.

• Step

  05

  

  Inventory And Appraisal

  The executor provides the court with a list of the deceased's possessions and an estimate of their value. This procedure ensures transparency and accountability in the estate's administration.

• Step

  06

  

  Grant Of Probate

  The court grants the probate if it is confident about the authenticity of the will. A probate confirms the executor's power to administer and divide the assets as mentioned in the will.

• Step

  07

  Asset Distribution

  The executor distributes the assets to the beneficiaries as per the will when all the other formalities have been fulfilled. To ensure a just and legal distribution, the court supervises the process.

Documents Required

• Death certificate
• Original Will
• Proof of executorship
• List of assets
• List of debts and liabilities
• Witness affidavits
• Identification documents
• Probate application
• Publication in newspaper
• Court fees

* Government Fee