Property Law Videos - Is it necessary for a registered will to be probated?

A will is drawn up to distribute the assets of a deceased testator, according to their wishes. However, sometimes a probate might be necessary to prove that the will is genuine, otherwise the administrator or executor appointed under the will may not be able to administer its provisions. A probate is granted by the High Court with the court seal and a copy of the will attached. Here's how to obtain a probate.

The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer or advocate. 
The court usually asks the petitioner to establish the proof of death of the testator, as well as proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.

After receiving the petition for a probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public.
The court may demand a percentage of the assets as a fee to issue a probate. This, however, is also subject to a ceiling. In addition to the court fee, the lawyer's fee also needs to be taken into account.

Under the Indian Succession Act, a probate can be granted only to the executor appointed under the will. A probate is essential if the will is for immovable assets in multiple states. The necessary procedure should be completed before applying for the transfer of ownership of the assets.