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Drafting a will is the first process of applying for a Probate. Only the executors whose names are mentioned in the Will can apply for probate. They have to make an application under the court seal for a grant of probation.
Filling of a probate petition the time of occurrence of the death of the testator. Copy of the latest Will made by the testator. proof that the Will has been duly executed. the list of the assets to be bequeathed through the Will.
The Waiver and Consent is used to speed up the process when everybody agrees that the Will is valid and that the Will should be admitted to probate. If every distributee signs this Waiver and Consent it can save the estate significant time and expense.
The beneficiary named as per his wish has to apply for probate under section 222 of the Indian Succession Act. The legal heirs have to be made party in the matter. As evidence, the death certificate and a copy of the will has to be produced along with the petition for probate of will.
A probate can be granted when the will has been proved in ance with legal provisions. However, if the court is suspicious of certain elements, it insists on strict proof. The probate, in that case, may not be granted. A petition for grant of probate can be filed by the executor or the beneficiary.