How to probate a will

A will is a declaration of the intent of the person making it with respect to his property, to take effect after his death. A probate is a certified copy of a will issued by the court that acts as a proof that it was the last will of the person who made it.

It is not mandatory to probate a will, however, these rules differ from state to state. A probate may be also be necessary if the testator (person making the will) has not named any beneficiary for the asset or the asset/estate is solely owned by the testator without any other joint holder.

Who can apply?

Only an executor appointed under the will is authorised to apply for probating the will.

Application to the court
One can make a probate application only after 7 days of a testator’s death. Using the services of a probate lawyer, the application needs to be made to the court with appropriate jurisdiction in the form of a probate petition.

Document submission
Documents that prove the genuineness of the will need to be attached with the application. This includes death certificate and any other document that will prove that the will to be probated is the final will of the testator.

Also read: All you need to know about estate planning, inheritance, will and more

Verification
On submission, the court verifies the application details along with the documents. Next, the court will call the next of kin of the testator for claiming the probate. A notice is also sent to the next of kin to file any objections to the application.

Public notice
The court directs that a public notice (newspaper notice) is made for a period of 30 days to invite objections, if any, to the probate application. If no objection is received, the court will grant probate of the will.

Point to note

• The court fee for probating a will (in addition to lawyer’s fees) is typically a percentage of the value of the estate.

(Content on this page is courtesy Centre for Investment Education and Learning (CIEL). Contributions by Girija Gadre, Arti Bhargava and Labdhi Mehta.)