Petition Form Probate Sample With Will
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FAQ
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.
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.
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.
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.
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.