Getting probate is recommended in circumstances where the legality of the Will may be challenged in the future on any grounds. Here’s an explanation of what probating a will comprises and why it’s necessary.
What exactly is Will Probate?
The duplicate of a Will is certified by the court’s seal confirming the document’s legality, authenticity, and conclusion, according to the Indian Succession Act, 1925. It is not required but strongly recommended, to probate a Will to prevent any future complications during the distribution of property.
What is the purpose of probating a will?
- Once the testator (maker of the Will) owns all of the property, the legal heir can easily transfer the assets into their name if the Will is probated.
- When the testator possesses immovable assets in many states, it is required to petition for probate to facilitate the procedure.
- Just the executor of the Will is given probate. The executor is given authority to disperse the testator’s assets as well as pay debts and creditors from the estate.
What are the probate fees for a will?
The fees for seeking probate of a will vary by state and are determined by the district court. The fees are also determined by the asset’s worth. The petitioner is responsible for the lawyers and court expenses. The fees of probate are paid from the deceased’s estate.
Is it feasible to have a Will probated before death?
A Will cannot be probated before the testator dies. After the testator’s death, only the executor of the Will can petition for probate in court to confirm its legality.
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