FAQ: Frequently Asked Questions about Probate of Will in India
1. What is probate of a will?
Probate of a will is the legal process that validates and recognizes a deceased person's will under the jurisdiction of a court. It confirms the appointment of the executor named in the will and grants authority to distribute the deceased person's assets according to their wishes.
2. Who can apply for probate of a will in India?
Any person named as executor in the will or any person having an interest in the estate can apply for probate. However, the probate court has the discretion to grant probate only to a person who is competent to act as an executor.
3. Is it mandatory to get a will probated in India?
Probate of a will is not mandatory under Indian law. However, it is advisable to obtain probate when dealing with property owned by the deceased person, as it provides legal certainty and confirmation of the legitimacy of the will.
4. Where should an application for probate be filed?
An application for probate must be filed in the appropriate court based on the jurisdiction where the deceased person had their principal assets or where they resided at the time of their death.
5. What documents are required to apply for probate?
To apply for probate, the applicant needs to submit the original will along with a certified copy, if available. They also need to provide the death certificate of the deceased, an affidavit affirming the authenticity of the will, an inventory of the assets and liabilities of the deceased, and any other supporting documents required by the court.
6. What is the time frame for obtaining probate?
The time frame for obtaining probate can vary depending on the complexity of the case and the workload of the court. On average, it may take several months to a year or more to complete the probate process.
7. What happens if the will is contested?
If the will is contested, the court will conduct proceedings to address the objections raised. The court will hear the arguments of all parties involved and evaluate the evidence presented. The final decision will be based on the interpretation of the law and the validity of the will.
8. Are there any fees associated with obtaining probate?
Yes, there are court fees associated with filing a probate application. The amount of fees depends on the value of the assets of the deceased person's estate. The fees are typically a percentage of the total value of the estate and vary from state to state.
9. Can a probate order be challenged?
Yes, a probate order can be challenged if there are grounds to believe that the order was obtained fraudulently or based on false information. In such cases, interested parties can file an appeal, and the higher court will review the matter.
10. What happens if a valid will is not probated?
If a valid will is not probated, it does not mean that the will becomes invalid. However, without probate, it may be difficult to establish the rights of the executor and beneficiaries under the will, leading to potential legal complications in the administration of the deceased person's estate.
