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Will Probate

Overview

Probate is the legal procedure through which genuineness of a will is validated by the court. A probate is only granted to an Executor appointed by the Will. However, in absence of the Executor, the beneficiaries under the Will can also seek probate. MyAdvo will help you draft and file application for probate through an expert lawyer.

Steps involved in Probate of a Will

Documents and Questionnaire

Once you finalize the service, a checklist of documents/questionnaire will be provided to record your details.

Drafting of application

Based on the above information, the lawyer will draft and share the application for probate for your review and approval.

Sending of application

Post approval, the lawyer will send the application to you. You will have to send signed copy of the complaint to the lawyer along with the required documents.

Filing of application

Upon receipt of the signed copy, the lawyer shall file the application for probate in Court.

Issuance of notice and publication

The court will issue notice to the next of kin of the deceased to file their objections, if any, to the grant of probate. The Court will also publish a letter at prominent places to invite objections from public.

Objections

In case any objections are raised, the proceedings will be converted into a regular suit and parties will submit written objections, make their arguments and submit evidence.

Establish validity of will

The applicant will be required to present the following evidences:

  • Proof of death of the testator
  • Proof that the will has been validly executed by the testator
  • Will is the last will and testament of the deceased

Grant of probate

Upon satisfaction of the Court, probate will be granted.

Required Documents

  • Proof of death of the testator (original death certificate will have to be produced before the Court)
  • Proof that the will has been validly executed by the testator (evidence of witnesses to the Will)
  • Original Will document
  • List of properties/ assets and of all the debts owing by the deceased person
  • Title Deeds pertaining to the immovable property mentioned in the Will, if any.
  • Documents pertaining to the movables, mentioned in the Will, if any.
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