A Probate Certificate is a copy of the Will, certified by the seal of a competent Court. Whenever a person dies having made a will and the person in whose favor will has been made, applies to the court for grant of probate certificate. Wherein a person has died without making a will his legal heirs will have to obtain the succession certificate, which will be issued as per present applicable laws of inheritance.
TO WHOM CAN A PROBATE CERTIFICATE BE ISSUED: - Executor means the person who has been appointed, as Authorized person to dispose off the WILL is the person in whose favor Probate is granted. The appointment of such person may be clearly mentioned or just implied by vital implication. A person is not eligible who is a minor or unsound mind for Probate Certificate.
PROCEDURE TO BE FOLLOWED FOR GETTING PROBATE CERTIFICATE :- Will in question has to be filed along with the petition of probate. It should be self explanatory of the facts like
- The time of death of the person who made WILL.
- The writing affixed in his latest will
- The petitioner’s name as Executor in the said will sign by himself.
- A blank stamp of value of appropriate court fee.
- After receiving the petition, the court sends notice to the nearest kin of deceased to consider their objections.
- A public notice is published in a newspaper.
- On the verification of will in dispute court will issue probate certificate in favor of executor appointed in the will.
- Probate Certificate has to be issued within the seven days from the death of the person who made WILL.
WHAT IS THE NEED OF PROBATE CERTIFICATE
- It is a conclusive proof of the intention of the person who died.
- It is a symbol of genuineness of Will and nomination of the executors.
- It can not be challenged on the ground the testator was of not of sound mind.
- It certifies the representation post of the executor.