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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. Therefore, both a Will and probate relate to the matter of death.
Probate is a legal process that first verifies the validity of a deceased person's Will, and then oversees the distribution of that person's property and assets to their beneficiaries.
Details required for filing a probate petition Full name. Nationality and current country of residence. Latest permanent residential address (where the deceased resided at the time of his/ her death) Marital status of the deceased. Occupation of the deceased at the time of his/ her death. True copy of death certificate.
Under Indian law probate of the will is not mandatory. But obtaining the probate of a will is advisable to avoid future complications on the distribution of property. If the will is probate then the legal heir can easily obtain the property ownership.
FOUR WAYS TO AVOID PROBATE GET RID OF ALL OF YOUR PROPERTY. ... USE JOINT OWNERSHIP WITH RIGHTS OF SURVIVORSHIP OR TENANCY BY THE ENTIRETY. ... USE BENEFICIARY DESIGNATIONS. ... USE A ALTER EGO TRUST.