In legal parlance, will probate is the legal process that is followed when a will is validated by the court as the last will of a deceased person. In simple terms, will probate means a copy of certification from the court or competent jurisdiction, that the said will can be transferred to a beneficiary of the will.
ADVANTAGES OF A PROBATE WILL
- A probate will helps to protect small estates
- A probate will gives direction to cases, when there is no will in place, so that the right beneficiary gets the deceased person’s inheritance
- The probate process is advantageous to someone, who want to publicize the distribution of the said will
- The probate will gives an individual the chance to close out all creditors to the estate within a 90-day period
- The probate will can be used as a tool to challenge a creditor’s claim in a court of law, if an individual concludes that the creditor has filed a false claim
- The probate will gives the court the opportunity to handle a disputed will
- The probate of a will helps to establish the authenticity of a will, after the death of the testator. It helps to showcase to the executors and legal heirs the content of the will
CHECKLIST FOR A PROBATE WILL
- The will has to be drawn in favour of the applicants or applicant, by the testator of a will
- The will must be registered, and subject to probate must not be revoked by the testator
- The death certificate of the testator should be obtained by the applicant
- The court fees must be duly paid in accordance with the Court Fees Act
- The appropriate jurisdiction to file the application has to be identified
PROCEDURE FOR GETTING A PROBATE WILL
- The first step is to prepare an application for the District Judge via a petition that is duly signed and verified by or on behalf of the applicant. This has to be done in the format prescribed under the Code of Civil Procedure, 1908. This has to be done 7 days after the testator’s death
- The application must be prepared by lawyers and sent to the high court, under the jurisdiction of the property. In some cases, a lower court can accept such an application
- An individual needs to furnish documents that prove that the will is genuine. He or she will also need to show the death certificate of the testator. He or she then will have to submit a document that proves that the said will was executed by the testator as per his or her own free will
- Once the court receives this application, it will verify all the details. It will then issue an invitation letter to the nearest kin of the deceased to claim the probate. A letter will also be pasted at prominent places for public view. This is done to invite objections, if there are any. If after 30 days, there is no objection from the kin or the public, the probate will be issued.
DOCUMENTS REQUIRED FOR THE PROBATE OF A WILL
FAQS ON PROBATE OF WILL
IS PROBATE MANDATORY WITH A WILL?
The probate is needed when a testator owns the full estate or property. It is necessary in cases where there are no co-owners to the property. By law, the probate is mandatory for a testator’s property to be transferred in the names of his or her beneficiaries.
HOW MUCH TIME DOES IT TAKE FOR A WILL TO GO THROUGH PROBATE COURT?
It usually takes around six to nine months for the probate to go through court. However, if there are any objections during the process, it can take more time. It all depends on the severity of the objection and the investigations that are required to clear these objections.
IS PROBATE NCESSARY IF THERE IS A SURVIVING SPOUSE?
In cases where the surviving spouse is a co-owner of all the property there is no requirement to go through probate in court. But if the surviving spouse is not a co-owner, then probate in court is necessary for the transfer of property.
WHAT HAPPENS WHEN A BENEFICIARY DIES DURING THE PROBATE PROCEEDINGS?
If the beneficiary dies during the probate proceedings, the assets that were to be transferred to his or her name, will then get transferred to the deceased beneficiary’s chosen and surviving beneficiaries.
Once you get in touch with us at ACE ALLIANCE with your request to create probate of a will, we will start the process. After our team receives all the details, our expert team of lawyers and attorney will create the probate will sample and send it across for your reference within 2- 3 business days. The price you pay for these services will includes three rounds of iterations. Therefore, if you need any changes done to the probate will, our team of lawyers at ACE ALLIANCE will do the needful and then help you with the total probate will process.