A Probate is an official proof of will. The competent court will issue the probate only to the person who is authorized to be the executor mentioned in the will.
According to the Succession Acts governed in India, a Probate of Will is required for transmitting the properties of the testator when
- the will is prepared by a Hindu;
- on or after September 1, 1870; and
- within the territories of Kolkata, Mumbai and Chennai
Further, some more scenarios when Probate of Will is required –
- Companies exclusively require Probate with the objective of verifying and protecting the interests of the Investors.
- Will prepared & registered outside Kolkata, Mumbai & Chennai but Registered Office of the Company where investment is made, is situated therein.
What Goldenegg Does
- Touch base with Companies/RTA and check if Probate is actually required or whether the Will alone would suffice.
- Our lawyer will file an application along with the copy of Will and Proof of Death with the High Court under whose jurisdiction the deceased had his place of residence.
- The application and other documents will be verified by the authorities and a notice will be sent to all the close relatives of the deceased, informing them about the said application.
- A general notice is also published by the Court to look for any objections.
- The probate is issued when no objections are raised.
- The Court and lawyer shall levy a fixed percentage of the value of the estate as the Court Fee & Sitting Fee respectively.
Is the process seeming over-whelming? Worry not! We are here to handhold you through each step of the way.
