EXPERIENCED ADVOCATE FOR PROBATE AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST. WHAT IS A PROBATE? Probate means Certified Copy of the Will. Court authenticates the genuineness of the will & whether free consent was given or not by the testator. Once the Probate is given, the Beneficiaries of the Will can transfer the property in their name. There is no need as such, after procuring the probate from the court, to collect No-Objection Letters/Certificates from other Legal Heirs. WHY IS PROBATE OF WILL NECESSARY? Probate is necessary when an estate's assets are solely in the name of the deceased person. Probate of a will is necessary to transfer the estate's property into the name of the beneficiaries. Probate is specifically appropriate and necessary for individuals with a significant amount of property or wealth and even more needed if there are, or will likely be, those who contest the individual's will and how the relevant assets are going to be distributed. WHAT IS THE DIFFERENCE BETWEEN A WILL AND A PROBATE? A Will is a legal document that records what should happen to your property after your death, along with any other wishes. Probate is a legal process that gives a person, or a group of people, the authority to deal with a deceased person's assets CAN A WILL BE CHALLENGED AFTER IT IS PROBATED ? Since a will deals with the inheritance details of all types of movable and immovable property and it comes into effect after the death of the testator, it can still be challenged even if the creator is dead. In fact, a will can be challenged up to 12 years from the death of the testator. IS PROBATE NECESSARY FOR A REGISTERED WILL? It is not always necessary to get a probate order for a will. If there is no dispute between the legal heirs as to the contents of a will they may choose to forgo a probate. It is therefore not necessary for a registered will to have a probate, though one may be applied for. IS PROBATE MANDATORY : A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, a probate is optional. However, there is no restriction in law to get a probate of a Will, even if it is not mandatory. THE PROCESS TO GET PROBATE OF A WILL : 1. As a first step, the administrator or executor appointed by the testator under the Will must approach the court with the application to receive the probate. While it is a common practice to appoint friends and family as the executors of the Will, as people may naturally trust them more, but there have been an increase in professional executorship, where a trained professional may take care of the administrative difficulties of getting a probate. However, in the absence of the executor being named in the Will, the legatees or the beneficiaries under the Will could also seek probate of the Will. 2. In the application for a probate, the executors need to establish the following: a. Facts of death of the testator with proof, which is generally done with the help of a death certificate issued by the local authorities. b. The Will produced before the court is the last Will of the testator. c. The submitted Will was validly executed by the testator. 3. Once the application is submitted to the court, the court issues the notice to the next of kin to file their consent for the grant of probate, and the public at large to file objections to the grant of probate in favour of the executor named in the Will. 4. If objections are filed – called as “caveat application” – against the validity of the Will and grant of probate, both parties have to lead evidence for and against the grant of probate, and the case is decided accordingly. 5. There could also arise grounds challenging the validity of Will or grant of probate. The common grounds for challenging a Will are fraud, coercion, undue influence, suspicious nature, lack of due execution, lack of testamentary intention, lack of testamentary capacity, lack of knowledge, and forgery. 6. Since the probate is granted by a high court, one has to pay a court fee, based on the value of the assets, which are subject matter of the petition. The court fee varies from state to state. In the state of Maharashtra, depending on the slabs, it is subject to a maximum of Rs. 75, 000 while in Chennai, the maximum slab is Rs. 25, 000. If it is found that granting the probate would do justice to the intention of the testator, then the probate is granted to the executor under the seal of the competent court. This ensures the due execution of the Will, which to a great extent reduces the discrepancies and suspicions associated with a Will. A probate cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals. FEES / COST OF PROBATE OF A WILL?: For probate of will in Maharashtra you have to pay 5 percent of the assets which are claimed in WILL, as court fees for probate of will in Mumbai. Probate fees in Mumbai and rest of Maharashtra is same. However, the said fees are also subject to a ceiling of Rs. 75, 000/-.legal charges will be Rs50, 000 to Rs1. 50 lakhs depending upon the advocate and complications involved in your probate work. WHAT IS THE TIME LIMIT FOR PROBATE OF A WILL? Typically, there is no time limit to probate a will. However, in one case, the SC has stated that 30 years from knowledge of existence will. A probate for a will is required to be obtained only under circumstances ... limits, in so far as they relate to immovable property situate within those limits. WHAT IS THE VALIDITY OF PROBATE? A probate order once passed, it is valid. It can be executed any time, there is no time limit for estate related issues. HOW LONG DOES PROBATE TAKE IN MUMBAI; The entire process of Probate of Will takes at least six to nine months to complete. However, if there is any objection to the public regarding the Will, then the Probate of Will process can even take up to 2 years to get completed, depending upon the seriousness of the objection. WHY US : I have the requisite experience and expertise when it comes to Succession Law. As Testamentary Advocate I can help you navigate the legal landscape, ensuring that you are making informed decisions that are in the best interest of your family. 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