How to Obtain a Probate of a Will

It is the copy of the will which is given to the executor (is someone who is responsible to execute the will) together with a certificate granted under the seal of the court and signed by one of the registrars, certifying that the will has been proved. A probate can be granted only to the executor appointed by the will. The application for a probate shall be made by petition, along with a copy of the last will and testament of the deceased, to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together form the probate.

The probate is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. The probate court (whether it is the district court or the high court) has been granted and conferred with exclusive jurisdiction to grant probate of a will of the deceased. A fixed percentage of the total value of the assets is charged as court fee for obtaining a probate, which differs from state to state. The probate granted by a court is a judgement in ‘rem’ and is binding not only on the parties but also on the entire world.

If There Is No Will

When a Hindu male dies intestate, his property devolves around his legal heirs. Section 10 of Hindu Succession Act, 1956, gives in detail the list of Class I heirs who are to be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 provides for a share each for the surviving sons and daughters and the mother of the deceased. However, if there are no claimants, then the property gets vested with the respective state government where the property is located.