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 Probate Services

Definition and Purpose:

  • Probate is the legal procedure for establishing the validity of a will, accounting for assets, and distributing them according to the terms of the will (if valid) or according to Indian law (if there's no will). It verifies that the last will is indeed the effective one and was made by a person capable of understanding the decisions therein.

Steps Involved:

  • Petition: The Executor or legal heir(s) files a petition with the local court, attaching a copy of the will and necessary documents.
  • Court Fees: Payment of court fees, based on asset value, is required.
  • Executor Appointment: The court verifies the will's validity and appoints an executor, if necessary.
  • Notice: Legal heirs are notified, and objections, if any, are considered.
  • Suit: If objections arise, it becomes an original suit, and evidence is presented for judgment.
  • Asset Inventory: The executor compiles an inventory of assets.
  • Debts and Taxes: Outstanding debts and taxes are settled from the estate.
  • Distribution: Remaining assets are distributed per the will's terms.

When is Probate Necessary?

  • Mandatory in Kolkata, Mumbai, or Chennai for wills or property in their municipal limits.
  • Recommended in cases of disputes, complex family situations, or large estates exceeding a certain value.

Consulting with a Lawyer:

  • Given the potential complexity, consulting an experienced lawyer is essential to navigate legal intricacies, determine probate necessity, and ensure a correct process.

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