Petition Form Probate Sample Format India
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FAQ
Hear this out loud PauseThe executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased's legal heirs so that notice can be issued to them.
The executor can apply for probate after seven days of the testator's death. The process of probate of Will takes at least six to nine months to complete. If an objection is raised, the process may take up to two years to complete.
Hear this out loud PauseIt should contain the following facts. The application for probate shall be signed and verified by the executor or beneficiary. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.
Hear this out loud PauseUnder 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.
Hear this out loud PauseProbate 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.