Probate of Will

The Purpose of applying for Probate of Will  is certify that the will is genuine. It is only after probate is granted that the executor can implement the contents as is mentioned in the will. If a will is registered it would be easier to obtain probate however even if one legal heir objects the matter will be transferred to the court of the District Judge and the Probate case will continue as a civil suit. Out of 2 witnesses there should be at least one witness alive to depose on the genuineness of the will and thereby its validity

Requirement to obtain probate of will:

The executor of the will files an Petition before the Court of the Civil Judge (Senior Division) with the following documents and details given herein below:

  1. Death Certificate of the testator
  2. Original Will
  3. If any witness is dead then his death certificate
  4. Affidavit of the witness whos alive
  5. Correct names and address of all the legal heirs

   What happens after notice is issued to the other legal heirs ?

                   It is a choice of the legal heirs whether they wish to contest the case by  filing  objections or choose not to contest the case. If the  Probate petition is  objected by even  one legal heir the matter will be transferred to the Court of the District Judge wherein the matter will be marked as a Testamentary suit.                

What happens if no one objects and do not come forward to contest?

There will be a Newspaper publication thereafter if none appears the court  after necessary scrutiny may  grant probate. You may also check the status of the case by clicking here

Conclusion

  We will help you  all  that is necessary    for drafting and filing a probate case. Kindly call us at 9873628941. For filing Probate in Kolkata Or you may also log on to taps9law   for filing Probate in any court in Kolkata                                                 

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