Probate is a legal process through which a will is officially validated by a court. Many people misunderstand when probate is required, leading to delays in property transfer.
What Is Probate of Will?
Probate is a court certification confirming that a will is genuine and legally valid. It authorizes the executor to distribute assets as per the will.
When Is Probate Mandatory?
Probate is mandatory in:
- Mumbai
- Chennai
- Kolkata
For properties located in these cities, probate is compulsory regardless of religion.
When Probate Is Not Required
In other regions, probate may not be mandatory unless disputed. However, institutions may still demand it.
Who Can Apply for Probate?
Only the executor named in the will can apply for probate. If no executor is named, a letter of administration is required.
Documents Required
Key documents include:
- Original will
- Death certificate
- Identity proof
- Property details
Court verification is strict.
Probate Procedure
Steps include:
- Filing petition in court
- Public notice issuance
- Objection period
- Court hearing
- Grant of probate
The process may take several months.
Court Fees and Validity
Court fees vary by state and asset value. Once granted, probate is valid throughout India.
Online Legal Consultation for Probate Matters
Online legal advisors assist in document preparation, court filings, and procedural guidance efficiently.
Conclusion
Probate ensures lawful execution of a will. Understanding requirements prevents delays and inheritance disputes.