Probate of Will

Starting at Rs 49,999

What is Probate of Will?

According to section 2(f)1 of the Indian Succession Act, 1925 Probate refers to a copy of the Will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining to the administration of an estate are granted to the applicant (who is an Executor under the Will). It is a judicial process through which the validity and authenticity of a Will is determined in a court of law. Probate helps the executor to receive a certification from the court that he is duly authorized to administer the estate of the testator under the will.

What is a Letter of Administration (LOA)?

The critical difference between Probate and a Letter of Administration is that Probate is granted to an Executor nominated under the Will. Whereas, if a Will does not nominate an Executor, the Beneficiaries of the deceased would have to file an application for a Letter of Administration. This legal document grants the same administrative rights to the Beneficiaries that an Executor would have enjoyed.

An LOA also needs to be obtained if the individual has died intestate (i.e. without a Will). In this case, the legal heirs of the deceased person can apply for LOA. Hence, when a person dies intestate or doesn't nominate an Executor under the Will, the LOA acts as a facilitating document. To apply for a Letter of Administration, the Beneficiaries should apply to a court of law having competent jurisdiction.

When is Probate of a Will/LOA required?

According to the Indian succession act, 1925, mandatory probate or LOA applies in the following instances:

  • The Will was made within the geographical limits of the state of West Bengal and the municipal limits of the cities of Chennai and Mumbai
  • The estate of the deceased person includes immovable property or properties located in any of the above named jurisdictions

Here's how Yellow can help

Understanding the legal process, court fees, and formalities surrounding probate can be complex. That's where Yellow steps in as your trusted partner. We simplify the probate process, providing expert guidance to obtain probate smoothly.

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Thorough Will Examination

Asset Valuation

Verification of Legal Heirs

Representation in District Court

Resolution of Objections

Asset Transfer

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Why Choose Yellow?

With a team of 500+ specialised agents, lawyers and CAs across India to help take care of all the legalities and paperwork, we offer the most comprehensive and hassle-free solution nationwide.

  • Simplified processes and one key point of contact
  • Access to experienced estate planners, empaneled lawyers, and claims experts
  • Transparent pricing and reduced time compared to alternatives/agents
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Frequently Asked Questions

Is Will probate mandatory under the Indian Succession Act, 1925? How do I determine the competent court for this process?

What is the typical procedure for obtaining probate from the the District Court?

Can I handle probate without a lawyer's assistance?

How long does the probate process take?

What is the applicable court fee for probate of Will?

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Navigating the aftermath of a loved one's passing and the complexities of asset transfer can be overwhelming. Yellow is here to provide the guidance and support you need.

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