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What is the procedure to get probate of the will
16-Feb-2023 (In Property Law)
My grandfather died in 1968. His property is self-acquired. He left a will stating who should get what and who should not. My father is one of the sons mentioned in the will. I am not sure if the will is registered. Please tell me is it possible to take the probate now? What is the procedure for it and how long can it take to get the probate of the will? Location: West Bengal, Religion: Hindu
Application:
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.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
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.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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probate of a will can be taken through lower courts as well as district courts. the procedure is to file the application and pay the requisite stamp duty with a prayer to grant probate. If there is no objection it is granted fast else takes time. approx time is 6 months.
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Adv. Vineet Kothari
Kolkata | 25+ Answers
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