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How to apply for probate of a will? The executor of the will is required to file a petition and the original will to the court for grant of probate. ... The executor will have to pay the applicable court fees depending upon the value of the assets. The petition must be filed before a competent court.
Probate in simpler terms is a copy of the will that is certified by the seal of the court. Only the executor nominated in the Will can apply for probate. Whereas Letter of Administration is needed at times when a person dies without a Will or the absence of an executor.
In most cases, probate is mandatory in India, meaning that unless someone specifically waives the right to have their estate probated, the court will be required to carry out the process. This is different from waiver of discharge, which is a legal maneuver used to avoid probate altogether.
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.
Every state sets the priority ing to which claims must be paid. The estate's beneficiaries only get paid once all the creditor claims have been satisfied. Usually, estate administration fees, funeral expenses, support payments, and taxes have priority over other claims.