Probate of a will is the legal process by which a will is recognized and
validated by a court as the last testament of a deceased person. It is the
formal procedure to prove the authenticity of the will and to establish the
executor’s authority to administer the estate according to the terms of the
will. The process ensures that the will is genuine, the deceased was competent
to make it, and it was not executed under duress or undue influence.
Key Elements of Probate:
1. Filing for Probate: When a person dies leaving a will,
the executor named in the will must file a petition for probate in the
appropriate court. This is usually done in the jurisdiction where the deceased
resided or where the majority of their assets are located.
2. Validation of the Will: The court examines the will to
confirm it meets legal requirements (e.g., proper signatures, witnesses, and
voluntary execution). If there are objections, such as claims that the will was
forged or created under duress, these are considered during probate.
3. Appointment of the Executor: Once the will is validated, the
court formally appoints the executor. The executor is responsible for
administering the estate—this includes paying debts, distributing assets to
beneficiaries, and managing any other legal obligations of the estate.
4. Public Notice: The court may issue a public
notice of the probate proceeding, allowing creditors or other interested
parties to file claims against the estate.
5. Distribution of Assets: After debts, taxes, and claims
against the estate have been settled, the executor distributes the remaining
assets to the beneficiaries according to the terms of the will.
Importance of Probate:
In India, probate is compulsory in certain cases, such as for wills executed in areas governed by the Indian Succession Act (e.g., the cities of Mumbai, Kolkata, and Chennai). It may not be required in other regions unless the will is contested or involves complex legal issues
Application for Probate of a Will
(Under Section 276 of the Indian Succession Act, 1925)
IN THE COURT OF SH.___________,
DISTRICT, NEW DELHI
Suit
No.__________
IN THE MATTER OF: -
A.B.,
son of C.D.
(Provide full description and address) .............. Petitioner
In the matter of the probate of the
will of the late E.F., deceased, under Section 276 of the Indian Succession
Act.
The petitioner respectfully submits
as follows:
1. That E.F., of ............, P.S.
..........., District ..........., passed away at his residence on
.................. (date of death), and the document enclosed in a sealed cover
is his last will, properly executed by the deceased on ................ (date
of execution).
2. That the petitioner has been
appointed as the executor of the said will as named therein.
3. That the total value of the assets
expected to come into the petitioner’s possession is approximately Rs.
........... as detailed in Schedule ‘A’ below (if applicable, the outstanding
liabilities are mentioned in Schedule ‘B’).
4.
That
the deceased is survived by the following relatives, in addition to the
petitioner:
(i) G.............., son of ............., residing at ............. (Relation:
Brother of the deceased)
(ii) H............., widow of ............., residing at .............
(Relation: Widow of the deceased)
(iii) M..........., daughter of ............., residing at .............
(Relation: Daughter of the deceased)
5. That at the time of death, the
deceased’s permanent residence was located at ............. (or the deceased
owned immovable property in village ............, P.S. ..........., District
...........), which falls under the jurisdiction of this Honorable Court.
6. That, to the best of the petitioner’s
knowledge, no other application for the probate of the said will has been
submitted to any other court (as per Section 279 of the Indian Succession Act).
7. That the present petition has been
made bonafide and in the interest of justice.
PRAYER
It
is, therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to:
A)
Grant probate of the said will of the
deceased to the petitioner. and
B)
Pass
any other or further order(s) as this Hon’ble Court may deem fit and proper in
the interest of justice.
New Delhi Petitioner
Date
IN THE COURT OF SH.___________,
DISTRICT, NEW DELHI
Suit
No.__________
IN THE MATTER OF: -
A.B.,
son of C.D.
(Provide full description and address)
.............. Petitioner
AFFIDAVIT
I,
_______C/o_______, R/o ___________aged about ___ years, do hereby solemnly
affirm and declare as under: -
1. That
I am the petitioner in the above noted application and am well conversant with
the facts of the present case and as such competent to depose this affidavit.
2. That
the accompanying application has been drafted by my counsels on my instruction,
and its contents have been read over to me in vernacular and the same are true
and correct to the best of my knowledge and are not being repeated herein for
the sake of brevity.
3. That
the contents of the accompanying application may kindly be read as part and
parcel of this affidavit.
DEPONENT
VERIFICATION
Verified
at Delhi on this ____ day of August 20 that the contents of the above affidavit
are true and correct to the best of my knowledge and nothing material has been
concealed therefrom.
DEPONENT
