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?