Probate Process of the Will

Last updated on Jun 7, 2022

In certain cases, it is necessary to obtain a probate of the will in order to establish your right as a beneficiary of the will. You will have to apply to the court for a probate. It is a certification by the court with respect to the genuineness and validity of execution of the will. Getting a probate does not, however, mean that your title to the property has been established. This is essentially an official evidence of the executor’s right to administer the estate of the deceased. While there is no specific deadline by which you need to obtain the probate, you should avoid long delays.

A probate is compulsory for wills of Hindus, Buddhists, Jains and Sikhs in Chennai and Mumbai or if their property is in Chennai and Mumbai. It is also applicable to Christians outside Kerala and Parsis (who died after 1962) in Kolkata, Chennai and Mumbai. Please confirm with a lawyer if you should get a probate for the will.

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