OBTAINING PROBATE / SUCCESSION CERTIFICATE / LOA:
Willjini provides all succession related services such as Obtaining Probate/Succession Certificate and Legal Heir certificate. Generally, it takes 6-12 months’ time. This service is based on time & efforts of our professionals and our fees will be mutually decided accordingly.
SUCCESSION CERTIFICATE / LETTER OF ADMINISTRATION:
- It is obtained from court if a person dies without leaving a Will.
- Succession Certificate can be obtained from court to release movable properties like debts and securities, it is similar like nomination.
- Letter of Administration is to be obtained by legal heirs for transfer of movable and immovable properties
- It is issued by civil courts like High Court / District courts as per last residence of the deceased person.
- It establishes the authenticity of the heirs and gives them the authority to inherit debts, securities and other assets that the deceased may have left behind.
LEGAL HEIR CERTIFICATE:
- If the head or a member of the family expires, the next direct legal heir of the deceased such as their wife or husband or son or daughter or mother may apply for legal heir certificate for the purpose of transferring Electricity connection, House Tax, Telephone connection/patta transfer, Bank Account, etc.
- If the deceased was a Government servant, legal heir certificate is issued for sanction of family pension, and for getting appointment on compassionate grounds.
- A legal heir certificate is issued by government to establish relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.
PROBATE:
- A Probate is a copy of the Will certified under the seal of the civil court of the competent jurisdiction. It is nothing but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased.
- It is the official evidence of the executor’s right to administer the estate of the deceased person.
- A Probate can be granted only to the executor mentioned under a Will. In the absence of the Executor being named in the Will, the Legatees or the Beneficiaries under the Will could also seek probate of the Will.
- In case no executor is mentioned or one refuses to be the executor, then an application needs to be made to the court for appointment of an executor before the application for a probate.
- cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company that satisfies the conditions prescribed by the rules made by the State Government.
PROCESS:
- Send your requirement via email or call
- We shall provide you with our quote based on facts / location
- We shall obtain documents from client and process through our court associates at respective location
- Drafting of petition and Payment of court fees
- Filing of petition, affidavits of family / witnesses, consents, court appearances
- Final Order
Frequently Asked Questions:
Q1.What is meant by Probate of a Will?
Ans:- According to Section 2 of the Indian Succession Act, 1925, Probate means “the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator”. It is nothing but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased.
Q2. Is it necessary to Probate a Will?
Ans:- Under Section 219 of the Indian Succession Act, 1925, if the deceased has died intestate and was not a person belonging to any of the classes referred to in Section 218 (i.e, Hindu, Mohammedan, Buddhist, Sikh or Jain or an exempted person), those who are connected with him either by marriage or by consanguinity are entitled to obtain Letters of Administration of his estate and effects in the order and according to the rules framed in this section.
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
Q3.What are the advantages of a Probated Will?
Ans:- Probate of a Will when granted, establishes the genuineness of Will from the death of the testator and renders valid all intermediate acts of the Executor as such.
Q4. What will be the legal consequences if the Will is not Probated?
Ans:- If the Will which is required to be probated, under the Act, if not probated, has no legal sanctity and binding force.
Q5. What is the time frame within which a Will is to be Probated?
Ans:- There is no limitation for grant of letters of administration or probate. Where the estate is in the possession of administrator there is no question of the Probate Court delivering the possession to him but the probate will be decisive only with regard to the genuineness of the Will propounded and the right of the executor to represent the estate.
Q6. Which is the appropriate Court to file the suit for the Probate of a Will?
Ans:- Principal Court of Original Jurisdiction as per the local City Civil Court Act. The High Court also enjoys concurrent jurisdiction to grant probate of the Will.
Q7. Who can apply for the Probate of a Will?
Ans:- According to Section 222 of the Indian Succession Act, 1926, Probate shall be granted only to an Executor appointed by the Will. The appointment may be expressed or by necessary implication. In the absence of the Executor being named in the Will, the Legatees or the Beneficiaries under the Will could also seek probate of the Will.
Q8. What are the documents to be submitted for obtaining the Probate?
Ans:- Following must be submitted:-
- Original Will of the deceased.
- Title Deeds pertaining to the immovable property mentioned in the Will, if any.
- Documents pertaining to the movables, mentioned in the Will, if any.
Q9. What is the fee payable for a Probate?
Ans:- Andhra Pradesh Court Fees and Suits Valuation Act, 1956, has several parameters for levy of court fees on probate application and the same is exhaustive.
Q10. What is the procedure for obtaining a Probate?
Ans:- A petition has to be filed before the Principal Court of Original Jurisdiction or before the Hon’ble High Court under Section 374 of the Indian Succession Act. The Court in question will issue the court notices at the initial stage and a paper publication will be caused besides a Gazette
publication as well. In case such a petition is contested, it will be converted into a regular suit and upon contest the same will be disposed of, by delivering the judgment and decree, in accordance with law.