June 8, 2024

Probate in India refers to the legal process of proving and registering a deceased person’s will in court to validate its authenticity and to authorize the executor named in the will to administer the estate according to its terms. The probate process involves submitting the original will and related documents to the appropriate court, which examines the will’s validity, ensures compliance with legal requirements, and grants probate to the executor. Once probate is granted, the executor obtains legal authority to collect the deceased person’s assets, pay debts and taxes, and distribute the remaining estate to the beneficiaries as specified in the will. Probate is governed by the Indian Succession Act, 1925, which sets out the procedural requirements, jurisdiction of courts, and rules for probate proceedings. The probate process varies depending on factors such as the complexity of the estate, the presence of disputes or challenges to the will, and the applicable personal law governing succession. Probate serves to safeguard the deceased person’s testamentary intentions, protect the interests of heirs and beneficiaries, and provide a legal framework for the orderly administration and distribution of assets after death.


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