Four Simple Steps to Probate a Will -Willjini A Will is not enforceable unless probated. The Indian Succession Act states that an executor or legatee cannot establish their legal rights under a Will in a Court of law unless a competent jurisdiction grants probate or in other words unless the Will has been probated. The process of probating a Will is simple though lengthy. Here are four simple steps to probate a Will and establish your legal rights –
Step 1 – The Application Section 213 read with section 57 of the Indian Succession Act deals with grant of probate. Section 213 deals with the rights of the executor and legatee while section 57 deals with provisions that apply in certain cases. The executor or legatee – person claiming the legacy – may apply to the competent court for probate seven days after the death of the testator. The application must be routed through a lawyer to the High Court of the jurisdiction of the testator. The competency of the court is incident upon the value of the property being probated.
Step 2 – The Documents The courts usually demand to see proof of death as well as proof that the Will has been executed by the testator of his own free will and not under any coercion. As such, the following documents are usually demanded by courts for granting probate – • • • • •
Original copy of the Will Original Death Certificate of the testator Title Deeds pertaining to the immovable property mentioned in the Will Documents pertaining to the movable property mentioned in the Will In some cases, witnesses to the Will may be called into court to testify to the fact that the Will was signed before them. 1